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Res No 121-16-14676RESOLUTION NO.121-16-14676 A Resolution approving and authorizing the City Manager to execute a three year (October 1,2015 -September 30,2018)collective bargaining agreement (Lieutenants and Captains)between the Miami-Dade County Police Benevolent Association and the City of South Miami. WHEREAS,the Mayor andCityCommissionof the Cityof South Miami seek to provide the highest levelsoflaw enforcement protection and services for the citizens,residents,businesses and visitors of the City of South Miami;and WHEREAS,a Collective Bargaining Agreement with the Miami-Dade County Police Benevolent Association (PBA),representing the Lieutenants and Captains of the South Miami Police Department,isan integral component of this effort;and WHEREAS,the City Administration and the PBA have successfully concluded negotiations ona new three year contract forfiscal years 2015-2018 which achieves these objectives;and WHEREAS,the members of the upper unit of the PBA who are Lieutenants and Captains have ratified the proposed agreement. NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1;The Mayor &City Commission approves the Lieutenants and Captains CollectiveBargaining Agreement for Fiscal Years 2015-2018 between the Miami-Dade County Police Benevolent Association and the CityofSouthMiami,and authorizes the City Manager to execute the agreement. Section 2:If any section clause,sentence,or phrase of this resolution isforany reason heldinvalidor unconstitutional bya court of competent jurisdiction,the holdingshallnot affect the validity of the remaining portions ofthis resolution. Section 3:The attached exhibit is incorporated by reference into this resolution. PASSEDANDADOPTED this 21st day of June 2016. Approved: (UnUkMj MAYOR' READ AND APPROVED AS TO FORM Commission Vote:5-0 Pg„2 of Res„No0 121-16-14676 LANG^GErEXECUTIOIVANcT^ L£6£ufe I /) Mayor Stoddard:Yea Vice Mayor Welsh:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Harris:Yea South'Miami THECITYOF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM To: From: Date: The Honorable Mayor and City Commission Steven Alexander,City Manager June 21,2016 Agenda Item No.:JO Subject:Contract between the Cityof South Miami and Miami-Dade County Police Benevolent Association (Lieutenants &Captains). Request:A Resolution Approving and Authorizing The City Manager To Execute A Three Year (October 1,2015 -September 30,2018)Agreement Between The Miami- Dade County Police Benevolent Association Collective Bargaining Union (Lieutenants &Captains)And The City of South Miami. Background: This Agreement covers the Police Captains and Lieutenants of the City of South MiamiPolice Department.The negotiation sessions were very productive and the parties were able to reachan Agreement on the terms and conditions of a multi-year CollectiveBargaining Agreement,effective October 1,2015 through September 30,2018.Themajor highlights and monetary benefit provided by the Agreement and the associated costs are set forth below in the section entitled, "Summary of Legislation/' CollectiveBargaining Agreements (CBA)are entered intoby the Cityand eachbargainingunitforthe purpose of promoting harmonious relations between the Cityand the members of the Union,establishing clear and agreed upon procedures for the resolution of grievances, insuring continuation ofnormal activities and Departmental operations, settling differences that mightarise,and setting forth the basicandfull agreement between the parties concerning rates ofpay,wages,hours ofworkandall other conditions of employment.TheCity currently has three such bargaining units:AFSCME,representing a fraction ofour general employees;the Police Benevolent Association (PBA) representing two bargaining units -the Captains and Lieutenants (Upper Unit)and Sargent's and Officers(LowerUnit). Within the last three years,the CityofSouthMiamiPolice Department has made strides and achievements.With the concept ofcommunity policing asacorevalue,wehavebuilt partnerships with our community to meet the challenges that living ina great metropolitan area can pose. Municipal Service Structures One component ofmunicipal service structure is the presence andqualityof the rules and expectations bywhichanOfficerisguidedand evaluated.One measurement ofthis type of Police Department structural qualityis accreditation by the CommissionforFlorida Law Enforcement Accreditation,Inc.,(CFLEA)which the SouthMiamiPolice Department achieved for the firsttimein2015.An accreditation programhaslongbeenrecognizedasa means of maintaining the highest standards of professionalism.The accreditation process requires anin- depth review of every aspect of the agency's organization,management,operations,and administration.Accreditation serves asayardstickto measure the effectiveness of the agency's programs and services.Accreditation streamlines operations,providing more consistency,and more effective deployment of agency manpower.Accreditationisa coveted award that symbolizes professionalism,excellence,and competence.Employeestakepridein their agency, knowing that it represents the very best inlaw enforcement. Equipment TheCityhas completed many projects over the last three years tohelp better support and benefit the Police Officers in their respective duties.Below are a few of them: •Installation of a new computer system consisting ofPolice communication hardware and software system for the policeofficerstoutilize.The project cost $300,000 and requires an annual recurring cost of approximately $65,000. •We completely rebuilt the Communication Office area to include all new,cabinets, networking cables,painting,and communication infrastructure for the approximate cost of $12,000. •We purchased new Body Cameras to assist PoliceOfficersin identifying the exact situation at an incident,at an approximate cost of $61,000,witha recurring annual expense of approximately $40,000 for the maintenance and software update of the system. •Webuilta new Policevehiclefueling area,includingaCanopyArea that includes anew roof,lights,vacuum,air,and water for the approximate cost of$200Kfordesignand construction.The new fuel canopy area serves multiple purposes including:protecting Officers from the elements when vacuuming and washing their assigned vehicles and maintaining correct tire pressure for safe operation. •We routinely purchase approximately ten new laptops and tablets each year for the Officer's use in their respective patrol vehicles.TheCity regularly replaces outdated computer equipment in an effort to have the Police Department function with the most up-to-date equipment available in the marketplace.This costs the City approximately $15,000 each year. •TheCity has been continuously performing network upgrades for better communication between Miami-DadeCountyand the City ofSouth Miami,including the Police Department.Better connection means better connectivity and more reliability.The estimate cost for the network revampingwasapproximately$75,000. •Three new large Copiers were installed in the Police Department for the ease and efficiency of Police Officers.The estimated annual expense related to the copiers is approximately $3,000. •TheCity created a 7-year replacement cycleforpolice patrol vehicles to keep the Police fleet up-to-date and safe,since older vehicles with excessive mileage and usage become unsafe forpolicework.TheCity spends $250,000 /year to assure that our Police Officers have safe and operable patrol cars. Training A well-trained police force is the most effective way to properly insure that the Cityis safe and protected.Along those lines,the Cityhas provided the following training and related programs: •The Tactical Response Team to address active shooters has become SWAT trained. •The Department is scheduled for accreditation assessment. •Select officers have received special training for engaging psychologically disturbed members of the public. •Staff members havebeen assigned to advanced executive training. •Our leadership and our Officershave conducted active shooter training for area schools, businesses,and city employees. •Approved the certification training ofa CRA officer to become a Crime Prevention Practitioner in order to facilitate crime prevention sessions with the residential and business communities. •One Detective hasbeen trained andis currently accessing andusingFlorida'sFacial Recognition Network program (FR-NET)to assist in identifying suspects/offenders. Recognition We remain proud of the outstanding commitment of our dedicated force.OurPoliceForce has earned the following recognition: •First time accreditation by CFLEA in 2015. •A South MiamiPolice Officer was the recipient ofPBA'sRookieof the Year Award for 2012 forall of Miami-Dade County. •Our Communications Supervisor received the Prestigious County-Wide LEO Award for Support Services,2012,one of the most prestigious awards giventoaPoliceOfficer and Communications Officer. •A South Miami Police Officer was a nominee for the Florida Retail Federation Law Enforcement Officer of the Year for 2014. •A South Miami Police Officer was the recipient of the LEO Awards Investigative Services Award for 2015. Excellent and supportive Police leadership Our officers are guided by outstanding command staff.Through this team effort,the following was achieved: •In the past 2 years,South Miami experienced the lowest number of crimes in the last35 years for which data are available from FDLE.One-third of the way through 2016 calendar yearwe have achieved another 30%drop over the previous yearfor this period.These figures may change,but the trend indicates that,again,the Cityisinfora remarkable year of crime reduction and prevention. •As part of the City's new Community Policing initiative,Police Officers have been permanently assigned to cover specific zones,instead of rotating through zones as was the previous practice.The new "Own-a-Zone"assignment policy increase communication and familiarity between the Policeand the residents and community to enhance prevention, and Officer safety. •A Permanent downtown walking beat Officerwas assigned to address quality oflifeand crime issues in downtown district.This program has been verywidely praised andisvery successful. •Established a Bicycle PatrolUnitand trained/certified five(5)officersfor more effective response and community policing efforts. •Implemented new assignments for the CRA areaforCommunityPolicing,including the establishment ofanew substation in the area and the assignment ofa full-time Police Sergeant to supervise the Officers assigned to the CRA area. •ThefirstNationalNightOutwas conducted October 2015in partnership with the community and other locallaw enforcement agencies. •Crime rates are at the lowest since 1991. •Copsand Students Talking (CAST)summer program was created last year and will resume this summer,to engage area youth with our police officers and their programs. •Police Athletic League (PAL)program wasfully instituted with 32kids participating. •The body-worn camera program willbefully implemented and utilizedbyUniform Patrol personnel by end of June 2016 to enhance Officer safety. •Redlight traffic enforcement program became fully operational December 2015,including Special Master hearings.This program immediately improved pedestrian safety at the US 1 -Sunset Drive crosswalks,where we have seen so many accidents.Reduction in traffic accidents not only improves public safety,italso allows our Police Officers to spend less time writing up accidents and thus more time on patrol and crime prevention. Our Police Department is among the best in South Florida.We believe that the Cityof South Miami Police Officers have an excellent working environment when compared to other Police jobs in South Florida.Their perks include excellent benefits,pay,andworking conditions,great equipment,vehicles,computer systems,leadership,and support from the CityCommission and public. Current Salary and Benefits Since2013,the Cityhasratified one fullrevisionof the CBAs with the two Police bargaining units (approved in October of 2013.) The2013revision resulted in both the UpperandLower units receiving a5%across the board costof living adjustment (COLA)wage increase that was agreed tobe implemented retroactive to October I,2012.Additionally,the twounits received two floatingholidays eachyear,andaSpecial Risk paybenefitwasincreasedfrom$40perpayperiodto$60per payperiod.Anewly created command staff incentivepaywas awarded,which provides $60perpayperiodtocovered employees.Employees coveredunderthese Agreements received an increase in uniform purchasing allowance. Despite ourCity population and budget beingsmaller than most other municipalities,the average SouthMiamiPolice Department (SMPD)Officer salary is currently 1.2%above the average municipalpoliceofficersalarywithinMiamiDadeCounty,and 10%more than similarlyrankedofficersalariesin the Miami DadeCountyPolice Department (MDPD). City Police coveredbyour CBAs havea well-funded definedbenefitspensionplan,operated independently of the restof the employees'plans. 2016 CBA NEGOTIATIONS Retirement plan For many years,our PoliceOfficershave been asking the City administration and City Commission to convert their retirement program to the Florida Retirement System (FRS). FRS offers guaranteed levelsof payouts at retirement andits "cash back to you" contribution rates,and the abilityto transfer to another participating government or relocation elsewhere in the State without losingany retirement benefit.The FRS program is the best public retirement program in the State ofFlorida,and one of the best public retirement programs in the entire country,due to itshighlevelof benefits,security,and transferability of employment.Theability to opt into the FRS would have been a significant advancement for South Miami employees.After considerable work,we were finally able to offer the FRS program to our employees.Further,we were able to offer FRS asan individual alternative to our existing City Pension plan,such that individual employees could choose whichever plan benefitted them the most.It was a complete win-win option for the City employees.This excellent benefit,which had been long sought by our employees was discarded primarily by the Lower unit. Holidays The City recently added Columbus Dayasan additional holiday for which Officers either have the day off or if working,receive time and ahalfpay.Thisisin addition to fifteen other paid holidays orpaid days off. Salary Our proposed increases in the Agreement with the PBA bargaining unit for 2016 was to increase salaries ofall members of both bargaining units to 7.5%above the average municipal police officer's 2015 salary in our County,and 17%more than the average MDPD Officer salary. The proposed union contract alsoincludes guaranteed cost-of-living adjustments to prevent reduction in purchase power of employee salaries due toany increase in the cost ofliving, thus insuring a stable,predictable,and higher income for our Officers. Outcome of negotiations To our complete bewilderment,after seeking the FRS option for years,the Lower unit of our Police Department voted down the FRS option during the first round of contract negotiations in 2016.Their rejection of FRS had the unfortunate effect of removing this option forall of the South Miami employees. Unfortunately,the Lowerunit voted down the proposed Agreement,while the Upper Police unit quickly decided to take advantage of the excellent new CBA,lockingin for themselves a very significant pay increase and an unprecedented guarantee of future salary increases. Over the same period the AFSCME bargainingunit approved an Agreement witha COLA provision similar to that approved by the Upper Police unit but was rejected by the Lower Police unit. It should be noted that the PoliceLower unit rejection of the new contract was not universal -approximately one third of the officers voted to receive the same benefits as the Upper Police and ASCME employees. Some Officers in the Lowerunit want to goa different way than their commanding Officers who have agreed to a new PBA contract that is anticipated to be approved tonight.The Officers covered by the Lowerunit,whose union of choice is currently the PBA,wish to break away from the PBA and bring ina new union,in the belief that a different union will force the City back to the bargaining table to get a better deal.Clearly,the City has put forward an excellent Agreement but apparently the Lower unit wants more. AsCity Manager,I need to manage expectations and resources.The Commission and the community deserve a great and efficient Police Department.Itwould appear the expectations of the Lowerunitforeven greater salary increases are unrealistic givenourfinancialabilities. By offering the Lowerunit contract wedid,whichincluded appropriate and generous provisions identical to those of the Upperunit,wehave done allwecan to be accommodating. The decision of the Lowerunitwillplace the Officersin that unitinadifficultposition.First, they are noteligiblefor the salary increases and guarantees to be enjoyed by the Upperunit and ASCME employees.Second,withanewunioncomesnotonlynew negotiations,butan entirely new Agreement,different from the contract that was proposed this year and accepted enthusiastically by the Upperunit.TheLower unit's unrealistic expectations ofcarrying over protections from the existing Agreement,andofbuildingoff the proposed agreement that they just rejected areoff the negotiating table.TheLowerunit's superfluous andoverlyexpensive expectations will not be forthcoming.Many concepts desiredbyCity management,not present in the current CBAs,willbe demanded in the new rounds of negotiations. Summary of Legislation: This Agreement covers the Lieutenants and Captains of the Cityof South Miami Police Department.A total of(3)Lieutenants and (2)Captains make up the composition of the membership.The negotiation sessions were very productive and the parties were ableto reach an Agreement on the terms and conditions of a three-year CollectiveBargaining Agreement;effective October 1,2015 through September 30,2018.The major highlights and monetary benefit provided by the Agreement and the associated costs are set forth below. Article 7 Internal Affairs Investigation and Obligation to the Public Employees covered by the Agreement requested that letters of complaint from citizens that are not sustained after investigated willbe removed from Officer's official personnel record. Article 9 Promotions,Removal and Seniority The parties agree to re-open thisArticlewithin twelve (12)to fifteen (15)months of ratification for the purpose ofdiscussing the implementation ofa one (1)year probationary period for Lieutenants and Captains. Article 11 Grievance &Arbitration Procedure If the parties fail to mutually agree to the selection ofan impartial arbitrator,the partyrequesting arbitration shall request a metropolitan paneloffive arbitrators from the Federal Mediation and Conciliation Service (FMCS).Thisisa change from the American Arbitration Association. Article 12Holidays Employees covered by the Agreement will receive (1)additional paidHoliday, Columbus Day,each year. Article 17 Extra-Duty Police Employment Effective upon ratification,the RevisedExtra-DutyPolice Employment Policy shallbe revised to reflect that the Cityshallbe entitled tono more than afive dollar ($5)flatfeeperdetailworkedbyeachbargainingunit member. Effective upon ratification,the Revised Extra-Duty Police Employment Policy shallbe revised to reflect that all extra-duty details requested with more than three days notice to the Cityshallbebidby seniority in the following order: police officers,police sergeants,other police department employees. Any employee who maybe injured while acting in the scope of such employment shall be entitled to the same rights,privileges,benefits and workers' compensation asif on duty provided that such extra-duty employment is authorized by the Chief of Police. Article 23 Authorized Use of Private Automobile Any employee authorized to use his private automobile in the performance of hisCity duties must obtain prior authorization in writing. Article 26 Compensation Cost of Living Upon execution of the CBA,and each year thereafter,bargaining unit members shall receive aCostof Living (COLA)increase,based on the Consumer Price Index -All Urban Consumers 12-Month Percent Changefor the Miami-Ft.Lauderdale FL area (CPI),whichshallhave the effectofincreasing the payforeach employee,unless the CPI iszerooris negative,whichshall then haveno decreasing effect on the employee's pay. Over the past three years the Consumer Price Index-All Urban Consumers 12- month Percent Changefor the Miami-Ft.Lauderdale,FL area (CPI)has been established by the United States Department ofLabor,BureauofLabor Statistics as follows: (Annual CPI 2012)October 1,2013-September 30,2014=1.9% (Annual CPI 2013)October 1,2014-September 30,2015=1.3% (Annual CPI 2014)October 1,2015-September 30,2016=2.1% (Annual CPI 2015)October 1,2016-September 30,2017=0.9% Any employee hired prior to October 1,2014 shall receive a 5.3%COLA increase. 10 Any employee hired onor after October 1,2014 but prior to October 1,2015 shall receive a 3.4%COLA increase. Any employee hired onor after October 1,2015 but prior to October 1,2016 shall receive a 2.1%COLA increase. Step Pay Program Effective October 1,2016,a new pay step program shallbe implemented and begin as follows: A step pay increase willbe awarded at the end of the month upon completion of anniversary year within the employee's classification provided he meets the provisions contained in this Article. Schedule is as follows: •2%step pay increase =Year2of the pay step program (completed 24 months of service from October 1,2016) •2%step pay increase =Year4of the pay step program (completed 48 months of service from October 1,2016) •2%step pay increase =Year6of the pay step program (completed 72 months of service from October 1,2016) •2%step pay increase =Year8of the pay step program (completed 96 months of service from October 1,2016) •2%step pay increase =Year10of the pay step program (completed 120 months of service from October 1,2016) •3%step pay increase =Year15of the pay step program (completed 180 months of service from October 1,2016) •3%step pay increase =Year20of the pay step program (completed 240 months of service from October 1,2016) Employee must not haveanyof the followingwithina two (2)year period preceding the effective date of the step increase: Received a score below 3.0on the annual performance review Be on A sustained or upheld Suspension 11 Be on a Performance Improvement Plan Once the listed above items have been resolved and finalizedfor employee record,then employee can request tobe reviewed againfor step pay increase. An employee that has a suspension or annual performance review overturned through the appropriate appellate process shallbe entitled to the applicable step pay increase he would have otherwise received at the time. (Note:only one employee in the Upper PD classis currently eligiblefora Step Raise.) Article 30 Retirement Benefits Effective October 1,2016 PoliceOfficer contributions willbe capped at no more than 12.0%of earnings. The total monetary benefit provided by the Agreement and the associated costs is $92,939. Effective October 1,2016,for those employees who have not yet retired from City service,the benefit accrual rate (multiplier)for all years of service shallbe 3.0%.TheCityshall pass whatever ordinances are required to effectuate this change,if necessary. Thefollowing changes in retirement benefits are hereby agreed and are incorporated hereto as historical data: Effective October 1,1995,the benefit accrual rate (multiplier)shallbe increased from1.9%to 2.25%forservices performed in the 1995-1996 fiscalyear; Effective October 1,1996,the benefit accrual rate (multiplier)shallbe increased from2.25%to2.50%forservices performed in the 1996-1997 fiscalyear; Effective October 1,1997,the benefit accrual rate (multiplier)shallbe increased from2.50%to2.75%forservices performed in the 1997-2001 fiscalyears. Effective October 1,2001,the benefit accrual rate (multiplier)shallbe increased from2.75 to 2.80 percent for services performed in the 2001-2002 fiscalyear. Effective October 1,2002,the pension benefit accrual rate (multiplier)for sworn police personnel shallbe increased from 2.80 percent to 2.90for services performed in the 2002-2003 fiscalyear. EffectiveOctober1,2003and thereafter the pensionbenefitaccrualrate (multiplier)for sworn police personnel shallbe increased from 2.90 to 3.00 percent. 12 The multiplier factor forall years of service prior to October 1,1993,the multiplier shallbe1.6%.For services rendered during fiscal year 1993-94 (October 1,1993 through September 30,1994),the multiplier shallbe1.8%.For services rendered during October 1,1994 through September 29,1995,the multiplier shall be 1.9%to be applied at the time of retirement of each bargaining unit employee covered by this Agreement. The above stated COLA and Step Increases will be carried forward intoall future fiscal years beginning with FY 2016-2017,increasing the overall personnel cost of the Police Department. Amount: Account: Attachments: Account No. Resolution October 1,2015Police Sergeant Salary Survey Police Sergeant Department Average Aventura $92,697.99 Key Biscayne $87,654.41 Miami Beach $87,185.70 Surfside $83,571.83 N Miami Beach $82,931.68 Miami Gardens $78,466.00 Medley $77,937.97 Indian Creek $77,740.00 South Miami $77,625.88 Coral Gables $76,573.50 Miami Shores $76,544.64 Key West $76,433.78 Homestead $75,773.50 Doral $75,590.87 Bal Harbour Village $75,168.76 Pinecrest $74,380.50 Sunny Isles Beach $74,186.19 West Miami $73,562.50 Miami Springs $71,108.50 City of Miami $68,850.10 North BayVillage $68,134.56 North Miami $67,805.50 Hialeah $67,247.31 Sweetwater $66,259.65 MDPD $64,440.61 FIU $63,505.00 Bay Harbor Islands $61,364.28 Hialeah Gardens $57,299.00 Opa Locka $55,345.00 Florida City $51,612.30 Average Sgt.Pay October 1,2015 Police Officer Average of Starting &Top Salary y $100,000.00 $90,000.00 $80,000.00/ ^ ~"J —•.on MX /"1 $70,000.00—•~ay\$60,000.00 /$50,000.00 $40,000.00 $30,000.00 $20,000.00___:b - —"1 - / ~I _Z p btl $10,000.00 $0.00 1-cu-oucojcjE(iJaj^ro[raoift E on E SoEra 01.q 3 t/i i/>ro >. JT —T3 C J**-< Aventu KeyBiscay MiamiBea Surfsi NMiamiBeaMiamiGarde Med IndianCre SouthMia CoralGab MiamiShor KeyWe Homeste Do BalHarbourVilla Pinecre CO CD Mia jprin Mia NorthBayVilla NorthMia Hiale Sweetwat MD slan arde Loc daC in > c c a West Miami Cityof BayHarbor HialeahG Op; Flori October 1,2015Police Salary Survey Police Officer Salaries Police Sergeant Police Lieutenant Department Starting Pay Top Pay Department Start Pay TopPay Start Pay TopPay Aventura $55,956.51 $85,566.81 Aventura $75,476.24 $109,919.73 N/A N/A Bal Harbour Village $51,917.38 $69,574.25 Bal Harbour Village $70,000.00 $80,337.52 N/A N/A Bay Harbor Islands $52,221.17 $66,935.82 Bay Harbor Islands $52,445.95 $70,282.61 N/A N/A Biscavne Park $38,658.00 $49,338.00 Biscayne Park 5%increase 5%Increase N/A N/A City of Miami $44,941.75 $73,768.09 City of Miami $52,131.62 $85,568.57 $59,058.39 $99,024.10 Coral Gables $51,220.00 $74,775.00 Coral Gables $62,258.00 $90,889.00 N/A N/A Doral $51,422.36 $74,562.41 Doral $62,992.39 $88,189.34 El Portal $34,144.50 $65,000.00 El Portal not estab not estab FIU $40,994.92 $55,138.87 FIU $56,000.00 $71,010.00 $68,630.56 $75,306.90 Florida City $39,918.24 $51,648.71 FloridaCity $44,713.01 $58,511.59 N/A N/A Golden Beach $43,260.00 $66,203.00 Golden Beach $66,128.00 2.5 OR 3.5 N/A N/A Hialeah $42,090.56 $63,892.92 Hialeah $60,998.60 $73,496.02 $70,087.68 $83,864.56 Hialeah Gardens $38,000.00 $46,500.00 Hialeah Gardens $53,112.00 $61,486.00 Homestead $51,500.00 $71,776.00 Homestead $66,934.00 $84,613.00 $80,225.60 $101,415.31 Indian Creek $54,912.00 $66,851.20 Indian Creek $70,179.20 $85,300.80 N/A N/A Key Biscayne $49,534.27 $87,262.04 Key Biscayne $63,915.17 $111,393.65 N/A Key West $48,781.46 $74,382.48 Key West $70,795,73 $82,071.82 $79,680.66 $89,682.37 MDPD $38,428.52 $66,875.90 MDPD $51,388.74 $77,492.48 Medley $52,141.02 $73,113.20 Medley $74,074.39 $81,801.54 N/A N/A Miami Beach $54,697.88 $80,837.63 Miami Beach $80,800.08$93,571.32 Miami Gardens $47,391.00 $81,080.00 Miami Gardens $57,847.00 $99,085.00 Miami Shores $50,169.48 $70,762,40 Miami Shores $69,104.43 $83,984.85 N/A N/A Miami Springs $49,965.00 $70,393.00 Miami Springs $60,810,00 $81,407.00 N Miami Beach $46,576.82 572,641.50 N Miami Beach $73,301.28$92,562.08 N/A N/A North Bay Village $46,462.20 $65,420.16 North Bay Village $61,513.92 $74,755.20 North Miami $47,012.82 $68,561.00 North Miami $54,676.00 $80,935.00 N/A N/A OpaLocka $38,000.00 $62,208.00 Opa Locka $42,105.00 $68,585.00 N/A N/A Pinecrest $54,059.00 $72,322.00 Pinecrest $65,998.00 $82,763.00 N/A N/A South Miami $46,000.00 $69,816.33 South Miami $66,900.00 $88,351.75 Sunny Isles Beach $48,329.90 $65,007.62 Sunny IslesBeach $66,900.00 $81,472.37 Surfside $50,258.47 $70,558.38 Surfside $80,550.04 $86,593.61 N/A N/A Sweetwater $42,471.20 $64,631.57 Sweetwater $58,219.16$74,300.14 Virginia Gardens $35,120.00 $43,011.00 Virginia Gardens N/A N/A N/A N/A West Miami $45,300.00 $66,928.00 West Miami $63,741.00$83,384.00 Non-Collective Bargaining October 1,2015 PoliceOfficerSalarySurvey October 1,2015 Police Sergeant Salary Survey $50,000.00 '~~~ $30,000.00 ______ $20,000.00 '_-- $10,000.00 •—_-_ •Starting Pay _________________flRF.FI Surfsidej Aventuraj Medley NMiamiBeachjKeyWest1IndianCreek|Balharbour..MiamiShoresjHomesteadJSouthMiami{SunnyIslesBeach\Pinecrest| E_-_m ______Q 1 Q ,_- i i!ill iUyUi*i 1 •Starting Pay •TopPay October 1,2015 Police Sergeant Salary Survey Police Sergeant Department TopPay Key Biscayne $111,393.65 Aventura $109,919.73 Miami Gardens $99,085.00 Miami Beach $93,571.32 N Miami Beach $92,562.08 Coral Gables $90,889.00 South Miami $88,351.75 Doral $88,189.34 Surfside $86,593.61 City of Miami $85,568.57 Indian Creek $85,300.80 Homestead $84,613.00 Miami Shores $83,984.85 West Miami $83,384.00 Pinecrest $82,763.00 Key West $82,071.82 Medley $81,801.54 Sunny IslesBeach $81,472.37 Miami Springs $81,407.00 North Miami $80,935.00 Bal Harbour Village $80,337.52 MDPD $77,492.48 North Bay Village $74,755.20 Sweetwater $74,300.14 Hialeah $73,496.02 FIU $71,010.00 BayHarborIslands $70,282.61 Opa Locka $68,585.00 Hialeah Gardens $61,486.00 Florida City $58,511.59 Average Sgt.Pay $82,803.80 •a o• a m o n 7 T _ ! - n O E- _ ) n •< o D n • < o i _) * 3, CO _> « <X 0 ) - l c r o to " _ )G L w X £ ' n>O)_ r _1 _ i Q . fD 3 2 o _ r ST i . _3 C u i .CI _> - I £ _ . n> t / l u i s fD (T J U fD _T 3 U l 5" c m X 5 ' QJ _ r _ : o 3. 3 " c o •<<ST cr q fD n o _L QJ D - fD a o 2L t n _i . : - fD • < _? . r > t u <3 3* a>n fD - 1 c 3 3 •<uT rn t n CO (T J 0 ) n3 " o c 3 " 3 o 3 fD fD a t Q . i . 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» U l " 0 9_n ' fD U l ID — i 0 0 ID 0 1 3 « - h U l 0 ) 3 c m • o _>< 5 rn • Police Officer Salaries Department Starting Pay Aventura $55,956.51 Indian Creek $54,912.00 Miami Beach $54,697.88 Pinecrest $54,059.00 Bay HarborIslands $52,221.17 Medley $52,141.02 Bal Harbour Village $51,917.38 Homestead $51,500.00 Doral $51,422.36 Coral Gables $51,220.00 Surfside $50,258.47 Miami Shores $50,169.48 Miami Springs $49,965.00 Key Biscayne $49,534.27 Key West $48,781.46 Sunny Isles Beach $48,329.90 Miami Gardens $47,391.00 North Miami $47,012.82 N Miami Beach $46,576.82 North BayVillage $46,462.20 South Miami $46,000.00 West Miami $45,300.00 City of Miami $44,941.75 Golden Beach $43,260.00 Sweetwater $42,471.20 Hialeah $42,090.56 FIU $40,994.92 FloridaCity $39,918.24 Biscayne Park $38,658.00 MDPD $38,428.52 Hialeah Gardens $38,000.00 OpaLocka $38,000.00 Virginia Gardens $35,120.00 El Portal $34,144.50 Average Officer Pay $46,525.19 October 1,2015 Police Officer Starting Pay $60,000.00 ' $50,000.00' Ifllllllll.. $40,000.00 •' $30,000.00 ------- $20,000.00 ------- $10,000.00 ------- 1 ill HI II 11II11 \|HI Iff iIlia. :::::::ft1 |||J ||||11 | nlllllllllll !•Ill mi :IfjtlixlJjl ' c c Aventura IndianCreek MiamiBeach Pinecrest BayHarborIslands Medley BalHarbourVillage Homestead Doral CoralGables Surfside MiamiShores MiamiSprings KeyBiscayne KeyWest SunnyIslesBeach MiamiGardens NorthMiami NMiamiBeachNorthBayVillageSouthMiami WestMiami CityofMiami GoldenBeach Sweetwater Hialeah FIU FloridaCity BiscaynePark MDPD HialeahGardens OpaLocka VirginiaGardens ElPortal Police Officer Salaries Department Top Pay Key Biscayne $87,262.04 Aventura $85,566.81 Miami Gardens $81,080.00 Miami Beach $80,837.63 Coral Gabies $74,775.00 Doral $74,562.41 Key West $74,382.48 City of Miami $73,768.09 Medley $73,113.20 N Miami Beach $72,641.50 Pinecrest $72,322.00 Homestead $71,776.00 Miami Shores $70,762.40 Surfside $70,558.38 Miami Springs $70,393.00 South Miami $69,816.33 Bal Harbour Village $69,574.25 North Miami $68,561.00 Bay Harbor Islands $66,935.82 West Miami $66,928.00 MDPD $66,875.90 Indian Creek $66,851.20 Golden Beach $66,203.00 North Bay Village $65,420.16 Sunny Isles Beach $65,007.62 El Portal $65,000.00 Sweetwater $64,631.57 Hialeah $63,892.92 Opa Locka $62,208.00 FIU $55,138.87 Florida City $51,648.71 Biscayne Park $49,338.00 Hialeah Gardens $46,500.00 Virginia Gardens $43,011.00 Average Officer Pay $67,863.04 $90,000.00 $80,000.00 $70,000.00 $60,000.00 $50,000.00 $40,000.00 $30,000.00 $20,000.00 $10,000.00 $0.00 October 1,2015 Police Officer TopPay I Mill I III I III III 5.a3 c tu > < c 0) T_ re UJ F (J re CD CD I re Ol _a re _3 "n Q o a CD g >• (U __ fc o ft 01 •a 01 1 _ fD QJ CD I re QJ U OJ c D. re OJ un 01 E o T QJ O _Z t/) E ro .2 ".>O a 2 2 t _9--Q U rS •£ op > Police Officer Average Salaries Department Average Aventura $70,761.66 Key Biscayne $68,398.16 Miami Beach $67,767.76 Miami Gardens $64,235.50 Pinecrest $63,190.50 Coral Gables $62,997.50 Doral $62,992.39 Medley $62,627.11 Homestead $61,638.00 Key West $61,581.97 Indian Creek $60,881.60 Bal Harbour Village $60,745.82 Miami Shores $60,465.94 Surfside $60,408.43 Miami Springs $60,179.00 N Miami Beach $59,609.16 BayHarborIslands $59,578.50 CityofMiami $59,354.92 South Miami $57,908.17 North Miami $57,786.91 Sunny Isles Beach $56,668.76 West Miami $56,114.00 North BayVillage $55,941.18 Golden Beach $54,731.50 Sweetwater $53,551.39 Hialeah $52,991.74 MDPD $52,652.21 OpaLocka $50,104.00 El Portal $49,572.25 FIU $48,066.90 Florida City $45,783.48 Biscayne Park $43,998.00 Hialeah Gardens $42,250.00 Virginia Gardens $39,065.50 Average Officer Pay $57,194.11 October 1,2015 Police Officer Average of Starting &Top Salary $80,000.00 •' $70,000.00 |a. $60,000.00 ^1" $50,000.00 "5 -.::j j_Mill 11II11 '--- "i - ;• till$30,000.00 ^ $20,000.00 "H;~;H, $10,000.00 'iHH'~|| fn -in --—I—1—1---i —--;-;- _—._ J j. --——:~-:'-;-"- —l.—.—_—•—_—__L.-•--_•-_-_1 —J -1 -„ 1 i c Aventura KeyBiscayne MiamiBeach MiamiGardens Pinecrest CoralGables Doral Medley Homestead KeyWest IndianCreek BalHarbourVillage MiamiShores Surfside MiamiSprings NMiamiBeachBayHarborIslandsCityofMiamiSouthMiami NorthMiami SunnyIslesBeach WestMiami NorthBayVillage GoldenBeach Sweetwater Hialeah MDPD OpaLocka ElPortal FIU FloridaCity BiscaynePark HialeahGardens VirginiaGardens THE VOICE OF LAW ENFORCEMENT DADE COUNTY POLICE BENEVOLENT ASSOCIATION,INC. June 3,2016 Via E-Mail:SAlexander(a)southmiamif1.sov &U.S.Mail Steven Alexander,City Manager City of South Miami 6130 Sunset Drive South Miami,Fl 33143 Re:Ratification-2015 to 2018 Collective Bargaining Agreement Supervisory Unit Dear Mr.Alexander: This letteriswrittenon behalf of theDadeCountyPoliceBenevolentAssociation ("PBA")and ourclients,theSouthMiamiPoliceDepartmentcollectivebargainingsupervisoryunit.Please beadvised that ratificationvotesessionwasheldtodaypursuanttonotice,andIam pleased to announcethatthesupervisoryunitcontractwasapprovedbythemembers of thebargainingunit. IrespectfullyrequestthattheAgreementbeplacedatthenextCity Council's meeting Agenda forratification.Wewanttothankyou,andyourstaff,fornotonlyyourtimeandeffortinthis matter,butalsofortheprofessionalandcordialmannerinwhichyouandyourstaffconducted this year's negotiations.Wereallyappreciateit. Sincerely, Cristina Escobar Assistant General Counsel Cc:BlancaGreenwood,ExecutiveDirector/DadeCountyPBA(viae-mailonly) JohnRivera,President/DadeCountyPBA(viae-mailonly) Rene Landa,Chief of Police/SMPD(viae-mailonly) Jesus Aguiar,PBA Representative (viae-mailonly) John Rivera,President •10680 PBA Memorial Boulevard •(Northwest 25th Street)•Miami,Florida 33172-2108 Telephone:305-593-0044 •Fax:305-436-0142 •e-maH:pba@dcpba.orq »website:www.dcpba.org AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION LIEUTENANTS AND CAPTAINS OCTOBER 1,2015 -SEPTEMBER .30,2018 ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 Table of Contents PREAMBLE 3 DECLARATION OF EMERGENCIES....3 RECOGNITION 3 NON-DISCRIMINATION 3 DUES CHECK-OFF 3 ASSOCIATION REPRESENTATIVES 4 SERVICES TO THE ASSOCIATION 4 PERSONNEL RECORDS 5 INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC 6 VEHICLES AND SAFETY EQUIPMENT 8 PROMOTIONS AND REMOVAL 8 TRAINING 8 GRIEVANCE AND ARBITRATION PROCEDURE 9 HOLIDAYS 11 SICK LEAVE 12 FUNERAL LEAVE 14 LEAVE OF ABSENCE 14 VACATION LEAVE 15 EXTRA-DUTY POLICE EMPLOYMENT 16 INSURANCE BENEFITS 17 MANAGEMENT RIGHTS 17 WORK STOPPAGES 18 AWARDS 19 MTLTTARYLEAVE 19 AUTHORIZED USE OF PRIVATE AUTOMOBILE 19 BULLETIN BOARDS 19 SEVERABKLITY CLAUSE ,19 COMPENSATION :-0 PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS 23 UNIFORMS AND EQUIPMENT 23 PHYSICAL EXAMINATION AND WORKERS' COMPENSATION 24 RETIREMENT BENEFITS 25 EDUCATIONAL INCENTIVE 27 EMPLOYEE PREGNANCY/MATERNITY LEAVE 28 EMPLOYEE ASSISTANCE PROGRAM 28 ABOLISHMENT OR MERGER...28 AMERICANS WITH DISABILITIES ACT 28 TERM OF AGREEMENT 29 PREAMBLE ThisAgreementis entered intobytheCity of SouthMiami,Florida,hereinafter referred toasthe"Employer"orthe "City"andtheDadeCountyPolice Benevolent Association, Inc.,hereinafterreferredtoasthe "Association",forthepurpose of promoting harmoniousrelationsbetweenthe Emptoyer andtheAssociation,toestablishanorderly andprompt procedure fortheresolution of grievances,toinsure continuation of normal activitiesanddepartmentaloperations,tosettle differences whichmightariseandtoset forththebasicandfullagreement between the parties concerning rates of pay,wages, hoursofworkandallother conditions of employment.All references to"employee"and allpronounsinthisAgreementareintendedtorefertobothgenders. ARTICLE 1.RECOGNITION TheEmployerherebyrecognizestheDadeCountyPoliceBenevolentAssociationasthe collectivebargainingagentforall permanent full-time swornpolicepersonneloftherank ofPolice Lieutenant andPolice Captain,but excluding allother employees oftheCityof South Miami,including theChiefof Police,Assistant Chief,PoliceMajor,Police Sergeant and Police Officer. ARTICLE2.NONDISCRIMINATION There shall beno discrimination,interference,restraint,or coercion bythe Employer or the Association against any employee because of Association membership ornon- membership,or because ofrace,creed,color,age,sex,religion,marital status,sexual orientation,disabilityandnational origin. ARTICLE 3.DUES CHECK OFF 1.Any member ofthe Association,who has submitted a properly executed dues authorization cardor written statement tothe City Manager orhis designee in accordance with a format prescribed or approved bythe City may,by request in writing have his membership duesinthe Association deducted from his wages.Dues shallbe deducted eachbi-weeklypayperiod,andshall,thereafter,betransmittedtotheAssociation. However,the City shall haveno responsibility or any liability for any monies once sentto the Association,nor shall the City have any responsibility or any liability for the improper deduction of dues.Further,the Association shall hold the City harmless for non-intentional errors inthe administration of the dues deduction system. 2.It shall be the responsibility of the Association to notify the City Manager orhis designee of any change in the amount of dues to be deducted at least thirty (30)days in advance of said change.Under no circumstances shall the City be required to deduct Association fines,penalties,or assessments from the wages ofany member. 3.Any member of the Association may,on thirty (30)days written notice to the City and the Association,request the City to cease deducting dues from his wages. ARTICLE 4,ASSOCIATION REPRESENTATIVES 1.One member ofthe Association shall be allowed to attend bargaining sessions for the purpose of re-negotiating this Agreement without loss of pay,should the meeting take place while the member ison duty,if approved in advance bytheChiefof Police. Should the member beoff duty during a bargaining session,he shall notbe entitled toany compensation.All bargaining sessions shall besetby mutual agreement between the parties. 2.The Association Representative shall be allowed to process grievances without loss of pay,should such processing take place while the Association Representative ison duty.There shall beacapofone (1)hour total time whichthe Association Representative may spend onanyone grievance.Itis understood and agreed,however, thatthe foregoing is subject tothe manpower needs ofthe Department atall times. 3.The Association Representative shall be allowed to attend theDade County PBA Boardof Directors meeting oncea month without lossofpayorleave time,should the meeting takeplacewhilethe Association Representative ison duty. ARTICLE 5.SERVICES TO THE ASSOCIATION 1..TheCitywillfurnishthe Association acopyofthePolice Department's Rulesand Regulations. 2.TheCitywillallowtheAssociationanditsrepresentative'sreasonableaccessto theCity Commission Chambersforthe conducting of Association businesswhensuch facility isnotin normal use,upon(5)days written request therefore tothe City Manager orhisdesignee. 3.TheCitywillprovideamailbox(bothtraditionalandelectronic)foreach employeeforusebytheCityandtheAssociationto distribute mailand other commLinications.TheaforesaidmailboxesmaybeusedbytheAssociationstrictlyfor thepurpose of transmittingmaterial of aninformationalnature,andshallnotbeusedfor thepurposeof communicating material tendingto,directly or indirectly,disparage any electedorappointedofficial of theCity. 4.UponwrittenrequestbytheAssociation,theCitywillprovidetotheAssociation, ona seiiii-annual basis,acompleteroster of thebargainingunit,includingname,rank, address,telephonenumber,socialsecuritynumberandcurrentpayscale.Eachmember shallsignaseparatewrittenstatement approving thetransmission of theirpersonaldata inadvance of thecompletion of thisparagraph. ARTICLE 6.PERSONNEL RECORDS 1.Employees covered by this Agreement shall have the right to inspect their official personnel file and/or their closed Internal Affairs file during normal business hours and shall notbe compensated should said inspection occur outside employee's regular duty hours.The employee shall have the right to make duplicate copies of any items in his officialfiles,uponpayment of theusualcopyingcharge. 2.Employees covered by this Agreement shall receive copies of any disparaging items that are placed inthe employee's official personnel file..Employees covered bythis Agreement shall also have the right to add written responses to any such disparaging items that are placed inthe employee's official personnel file.All written responses shall besenttothe Chief of Policeviachain of command.Anyrefusaltosigna document shall be documented onall copies bythe issuing officer (i.e."Employee Refused to Sign");however,no retaliatory or disciplinary action shall be taken against any employee who refuses to sign a document. 3.All personnel records ofthe employees shall bekept confidential tothe extent permitted bylaw and shall not be released to any person except:authorized officials of theCity,orin response toa subpoena from acourtof competent jurisdiction,upon written authorization fromthe employee,oras otherwise required bylaw.Inthis regard, thePBA recognizes theCity's obligation to comply with Chapter 119,FloridaStatutes. 4.Atnotimeshallthenewsmediabedirectlyorindirectly fiirnished withthehome address,telephone number or photograph ofany employee or relatives without his express written consent. 5.The City shallpurge,upon written request fromthe employee covered bythis Agreement,all records of counseling/coaching andoral warnings fromthe employees' personnel files afterone(1)full yearof service during which the employee does not receivefurtherrelatedcounselingororalwarningsorasprescribedbyFloridaState Statute,TitleX,Chapter 119 andTitle XVIII,Chapter257.36,whicheveristhegreater period.Suchdocumentsshallbekeptinaseparatefile. ARTICLE 7.INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC Thepartiesrecognizethatthe security oftheCityanditscitizens depends toagreat extentuponthemannerinwhichthe employees coveredbythisAgreementperformtheir various duties.Further,theparties recognize thatthe performance of suchduties involvesthoseemployeesinallmanner of contactsandrelationshipswiththepublicand out of suchcontactsandrelationships,questionsmayariseorcomplaintsmaybemade concerningtheactions of employeescoveredbythisAgreement.Investigation of such questionsand complaints mustnecessarilybeconductedby,orunderthedirectionof, departmental supervisory officialswhoseprimaryconcern must bethesecurityofthe Cityandthe preservation of the public interest. 1.In order to maintain the security of theCityand protect the interests of its citizens,the parties agreethattheCitymusthavethe unrestricted right to conduct investigations of citizens'complaintsandmatters of internalsecurity;provided,however, thatany investigative interrogation of anemployeecoveredbythis Agreement relativeto acitizen's complaint and/or matter of internal securityshallbe conducted underthe following conditions: A.The interrogation shallbeconductedata reasonable hour,preferably ata. timewhentheemployeeisonduty,unlesstheseriousnessofthe investigationis of suchadegreethatimmediateactionis required. B.Theemployeeunder investigation shallbeinformedofthenatureofthe investigationpriortoany interrogation,andheshallbeinformedofthe name of all complainants,if knowntothe Department. C.The employee under investigation shallbeinformedoftherank,name, andcommand of theofficerincharge of theinvestigation,the interrogating officer,andall persons present duringthe interrogation.All questions directed tothe employee under investigation shallbe asked by and through one(1)interrogatoratanyonetime. D.Interrogation sessions shall befor reasonable periodsandshallbetimedto allowfor such rest periods asare necessary.All interrogations willbe heldatthe headquarters oftheSouth Miami Police Department,insofar as possible. E.Any employee under investigation shall be informed oftherighttobe represented by counsel or any other representative ofhis choice who shall be present atall times during such interrogations whenever the interrogations relate tothe employee's continued fitness for law enforcement services. F.The formal interrogations ofan employee,including all recess periods, shallberecorded,andthereshallbenounrecordedquestionsor statements. G.If the employee under interrogation is under arrest or is likely to be placed underarrestasaresultofthe interrogation,heshallbe completely informed ofallof his rights prior tothe commencement ofthe interrogation. H.During interrogations covered hereunder,questions shall be limited to the circumstances surrounding the allegations,which are the subject ofthe investigation. I.An employee under investigation may obtain,upon request and at no cost, acopyofany written statement hehas executed. J.The employee shall not be subjected to any offensive language,nor shall hebethreatenedwithtransfer,dismissal,orotherdisciplinarymeasures. No promise of reward shall be made asan inducement to answering questions. K.No employee may be compelled to testify before,orbe questioned by any nongovernmental agency unless under propercourt subpoena. L.TheCitywillnot order or require any employee to submit toa polygraph examination or PSE test. M.TheCity agrees thatno adverse action willbetaken against any employee whoexercisestherightsprovidedforinthisArticle. N.An employee,who is criminally charged inany jurisdiction witha felony ora serious misdemeanor included but not limited to,DUI,lewd and lascivious conduct,indecent exposure orperjurymay,uponreviewofthe circumstances bytheChiefof Police,berelievedfromdutywithoutpayor benefits.If exonerated,the employee shallbecompensatedforbackpay and benefits retroactivetothedatetheemployeewasrelievedfromduty. Any employee placed on leave without payshall remain ontheCity's Employee Census but shall be responsible forthefullcostofhealth insurancepremiums,during therelieffromdutyperiod. O.Upon conclusion ofan internal review investigation,employees designated as subjects shall be advised,in writing,ofthe disposition of said investigation. P.Recordsof complaints from citizens thatarenotaviolationofStatelawor Cityor Department policy,orthatarefoundnot sustained or unfounded, willbekeptseparatelyfromtheindividual'spersonnelfile. Q.Thechargeof "conduct unbecoming"andall similarly vague charges will notbeusedbytheCityunlessspecificbehaviorsareexpressed. R.Should disciplinary action resultfromaninternal investigation,an employeemay,attheoptionoftheChief of Police,beallowedtouse vacationtimeto satisfy asuspensionwhichisforfive(5)daysorless, howeverthe exercising ofsuchoptionwillwaivetherightto otherwise appeal the discipline. S.TheCityshallmakeeveryefforttoinvestigate,detennine andcomplete Administrative Investigations (i.e.personnelcomplaints regarding rudeness)within180daysofthecomplaintbeingfiled.Failureto investigate,determineandcompletesuchinvestigationswithintheabove timelimitsshall prevent theCityfromtakingdisciplinaryactionagainst the bargaining unit employee against whom the complaint is made.Any continuances requested bythe PBA orthe employee shall extend thetime limitaccordingly. ARTICLE 8.VEHICLES AND SAFETY EQUIPMENT 1.The City will make a good-faith effort to maintain police,vehicles and safety equipment in proper working order.Police vehicles operated by the City shall comply with the standards and requirements of applicable Florida State Statutes governing motor vehicle safety equipment.Employees will,as soon as possible,report any broken and/or mallmctioning equipment to their supervisor.Employees shall keep the vehicles cleaned and fueled.Itisthe responsibility of officers with assigned Take-Home Vehicles to promptly deliver their vehicle tothe Motor Pool when repairs are necessary for scheduled preventative maintenance. ARTICLE 9,PROMOTIONS,REMOVAL AND SENIORITY 1.Employees intheranksof Lieutenant and Captain serveatthe will andpleasureof theChief of Police.Accordingly,promotions toand removal of employees fromthe ranksofLieutenantandCaptainfor non-disciplinary reasonsshallremainwithinthesole discretion of theChief of Police.Thepartiesagreetore-openthisArticlewithintwelve (12)tofifteen(15)monthsofratificationforthepurpose of discussingthe implementation of aone(1)yearprobationaryperiodforLieutenantsandCaptains.Such employeesshallhavenorighttoutilizetheproceduresofthePersonnelBoard,norhave anyotherright of revieworappeal,concerningdemotionduringtheprobationaryperiod. Aftertheprobationaryperiodiscomplete(oneyearfromthedate of appointment) demotionsshallbeappealablethroughthe grievance proceduretodetermine if justcause existed for the demotion. 2.Intheevent of suchremoval,theemployeewillrevertto his/her lasttested rank andwillbecreditedwith the seniorityaccruedasaLieutenantorCaptain. ARTICLE 10.TRAINING 1.TheCitywillprovide each employeewithacopy of trainingbulletins.Additionally, theCitywill promptly post inaprominentplace,Citytraining bulletins aswellas approved training advertisements. 2.TheCity agrees to pay foranycourseatthe Southeast Florida Institute of Criminal Justice(locatedat Miami-Dade North Coirimunity College)that employees arerequired toattend.TheCityagreestoprovideatleastforty(40)hours of training everyfouryears tomeetFloridastatutorycertificationrequirements.TheCitymayprovideadditional training inits discretion. 3.The,City shall attempt to provide weapons training for all employees,butinnoevent shall suchtraining be less than once annually.Their training isin addition to the training provided under paragraph 10.2,above.Upon qualification and a demonstration of proficiency,employees shall be permitted to carry,on duty,semiautomatic weapons that have been approved bythe Department and in accordance with Article 28.TheCity agreestoprovideammunitionforfirearmstraining. 4.The City agrees to sponsor and encourage members ofthisunitto attend and participate in management level training,upon approval oftheChiefof Police and within the budgetary constraints of theCity. ARTICLE 11.GRIEVANCE AND ARBITRATION PROCEDURE 1.Inamutualefforttoprovidea harmonious working relationship betweenthepartiesto this Agreement,itisagreedand understood thatthereshallbea procedure forthe resolutionof grievances betweenthe parties.Forthepurposeofthis Article,agrievance isdefinedas,andlimitedto,anydispute,differenceorcontroversyinvolvingthe interpretation and application of this Agreement. 2.Everyeffortwillbemadebytheparties to settleanygrievanceasexpeditiouslyas possible.Shouldthegrievingpartyfailtoobservethetimelimitsassetoutinthesteps of thisArticle,his grievance shallbeconsideredconclusivelyabandoned.Any grievance notansweredby management withintheprescribedtimelimitsshall automatically advance tothe next higher stepinthe grievance procedure. 3.Grievances shallbe presented inthefollowingmanner: STEP 1:The employee shallfirsttakeup then*grievance with the Chief of Police within seven(7)calendar days of theoccurrence of theevent(s)thatgaverisetothe grievance,or,within seven (7)calendardaysafterreturntoworkfromauthorized leave, asthecasemaybe.Thegrievanceshallbereducedtowritingandshallbediscussed by and between the employee (or representative of the Association and employee)and the Chief of Police within ten (10)calendar days of the presentation of thegrievance.The Chief of Police,shall within ten (10)working daysaftersuch discussion (or such longer period of timeasis mutually agreedupon),renderhis decision inwriting,withacopyto the Association; STEP 2:Inthe event the employee isnot satisfied withthe disposition of the grievanceatStep1,heshallhavetherighttoappealthe Chief of Police'sdecisionby serving theCity Manager within seven (7)calendar days of thedate of issuance of the Chief of Police's written decision.Suchappeal must be accompanied bythefiling of a copy of theoriginal written grievance together witha letter signed bythe employee,or,at the employee's option,the representative of the Association,requesting thatthe Chief of Police'sdecisionbe reversed ormodified.TheCityManagershall,within fifteen (15) working days of theappeal(orsomelongerperiod of timeasismutuallyagreedupon) render a decision in writing withacopytothe Association. Ifa grievance is general in nature in that it applies toa number of employees rather thana single employee,orifthe grievance is solely between the Association andthe Department orthe City,such grievance shall be presented in writing directly totheChief of Police within ten (10)calendar days of the occurrence ofthe event(s)that gave riseto the grievance.The grievance shall be signed bythe aggrieved employees orthe President ofthe Association orother authorized representative ofthe Association.Thereafter,the grievance shall be processed in accordance with the procedures set forth in Step 3asset forth below. A grievance involving discharge,suspension or disciplinary demotioninvokedbythe CityshallbeinitiatedassetforthaboveatStep2withinten (10)calendardaysfromthe datetheemployeereceivesnotice of theCity'sfinalaction. STEP3:Intheeventagrievanceprocessedthroughthegrievanceprocedureassetforth inthisArticlehasnotbeenresolvedatStep2above,eitherpartymayrequestthatthe grievancebesubmittedtoarbitrationwithinfifteen (15)calendardaysaftertheCity Manager rendersa written decision onthegrievance.The arbitration shallbe conducted byasingleimpartialpersonmutuallyagreeduponbyandbetweentheparties. 4.TheCityand employee (ortheAssociation)shallmutuallyagreeinwritingastothe statement of thegrievancetobearbitratedpriortothe arbitration hearing,andthe arbitrator,thereafter,shallconfinetheirdecisiontothe particular grievance thus specified.Intheeventthepartiesfailtoagreeonthe statement of thegrievancetobe submitted to the arbitrator,the arbitrator will confine their consideration and determination tothe written statement of the grievance presented inStep2 of the grievance procedure.The arbitrator shallhaveno authority to change,amend,addto, subtractfrom,or otherwise alterorsupplementthis Agreement oranypart thereof or amendment thereto.The arbitrator shallhaveno authority to consider orrule upon any matterwhichisstatedinthisAgreementnottobesubjectto arbitration orwhichisnota grievance as defined inthisAgreement;norshall their collective bargaining agreement be construedbythearbitratortosupersedeapplicablelawsinexistenceatthetime of signing of this Agreement,except totheextentasspecificallyprovidedherein. 5.Eachpartyshallbeartheexpenseofitsownwitnessesand of itsownrepresentatives forpurposesofthearbitrationhearing.Theimpartialarbitrator'sfeeandrelatedexpenses andexpensesofobtainingahearingroom,ifany,shallbeequallydividedbetweenthe parties.Anypartydesiringatranscriptofthehearingshallbearthecostofsuch transcript unless both partiesmutuallyagreetosharethesaidcost. 6.Thepartiesshallmake then choiceoftheimpartialarbitratorwithinseven(7)calendar days of thesubmissionofrequestfor arbitration inparagraph3ofthisArticle.Ifthe parties,failtomutuallyagreetothe selection of animpartial arbitrator,theparty requesting arbitration shallrequesta metropolitan paneloffice arbitrators fromthe FederalMediationandConciliationService(FMCS).Withinfourteen(14)calendardays afterreceiptofthepanelfromFMCSthepartyrequestingarbitrationwillstrikethefirst 10 name.Each party shallhavetheoption of strikingtwo(2)names in alternating fashion, thusleavingthefifth,whichwillresultintheselection of a neutral orimpartialarbitrator. However,within5days of thelaststrike,eitherpartymay reject thefifthpersoninthe panelone(1)timeinanygivencaseandrequestanewpanel.Thepartiesmayextendthe timeframeforrankorderingthepanel of.arbitratorsonmutualwrittenagreement. Copies of the arbitrator's awardmadeinaccordancewiththe jurisdiction andauthority underthisAgreementshallbe fiirnished tobothpartieswithinthirty (30)daysofthe close of the arbitration hearing.The arbitrator's awardshallbefinalandbindingonthe parties. ARTICLE 12.HOLIDAYS 1.Thebelow-listedpaidholidaysshallbegrantedunderthefollowingconditions: 1)January1 New Year'sDay 2)3rdMonday of JanuaryMartinLutherKing'sBirthday 3)3rdMonday of FebruaryPresident'sDay 4)4th Monday of May MemorialDay 5)July4 IndependenceDay 6)1stMonday of SeptemberLaborDay 7)2nd Monday of October Columbus Day Holiday 8)November 11 Veteran'sDay 9)LastThursdayinNovemberThanksgivingDay 10)Fridayafter Thanksgiving 11)lA day December 24 Christmas Eve 12)December 25 ChristmasDay 13)Birthday After1year of continuousservice 14)2FloatingHolidays After1yearofcontinuousservice 2.Whereobservanceoftheseholidaysmayinterferewiththeworkschedule,such observance onalternatedatemaybemadeatthe department head's discretion,withthe approval oftheCity Manager.Insuch circumstances,anemployeeshall receive,atthe employee's option,an additional day's payattheir straight-time rateof pay,or compensatorytimeat then*straight-timerate of pay. 3.When a holiday falls onthe regularly assigned day offforan employee,such employee shall receive,atthe employee's option,an additional day's payattheir straight-time rate of pay,or compensatory timeat their straight-time rateof pay. 11 ARTICLE 13.SICK LEAVE 1.Sickleaveshallbegrantedtoemployeesforabsencebecauseof: (a)Personalillnessorphysicaldisabilityresultingintheincapacityofthe employeetoperformtheregulardutiesofhispositionandnotarising from a service-connected injury oraccident. (b)Medical,dentaloropticaltreatmentsandexaniinations. (c)Personalillnessorphysicaldisabilityresultingintheincapacityofthe employeetoperformtheusual duties ofhispositionandarisingfroma service-connectedinjuryor accident,butonlyafterallavailabledisability benefitsofferedunder Workmen's Compensationareexhausted,provided further that use of sick leave inthis manner shall be at the employee's request andis not mandatory. (d)Illness orinjurytoa member ofa bargaining unit member's immediate familythatrequiresthe employee tocareforthat immediate family member. 2.Employees shall be credited with one (1)day ofsick leave attheendofeach month during the year. 3.Sickleavemaybetakenonlytothe extent thatitis accrued.No advance sick leaveshallbegrantedexceptinan emergency andupon approval oftheCity Manager. 4.Current employees will be eligible to receive the sick leave payout,with the existing cap of 600 hours,forthe term of this Agreement.Employees who are hired on orafterOctober 1,1995,willnotbeeligibletoreceiveanysickleavepayout. 5.Effective October 1,1995,employees willbe allowed toaccruesickleavein excess ofthe 600 hours cap.Nevertheless,the sick leave payout willbe governed by Section 4 of this Article. 6.All current employees,asof October 1,1995,will retain current payout provision upon terriiination of employment,and will have no cap on sick leave accrual.All employees hired after October 1,1995,shall receive no sick leave payout upon termination,butwillhavea "no-cap"maximum on sick leave accrual.All employees whohaveattainedasickleavebalanceofaminimumof36days(288hours)shallbe eligible on their first anniversary date following that accumulation to convert up to32 hours of their annual unused sickleave balance inexcess of 288hoursto vacation leave. An employee who uses in excess of 32 hours of sick leave during a one-year period will not be eligible for this benefit.The catastrophic illness bank will be abolished and accrued hours willbe returned to employees who have accrued this leave.Sick leave donated to assist other employees in need shall not be counted against the donating employee forthepurpose of conversion to vacation. 12 7.AnemployeewhoseservicewiththeCityisterminatedandwhohastakensick leave that is unearned at the date of tennination,shall reimburse the City forall salary paidinconnectionwithsuchunearnedleave,exceptincaseswheretheemploymentis terminatedbythedeath of anemployee,orincaseswhereanemployeeisunableto returntodutybecause of hisdisability,the evidence ofwhichshallbesupportedbyan acceptable medical certificate. 8.Inallcases of absence on sick leaveinexcess of three (3)work days and in cases of absenceonsickleaveforanyperiodlessthanthree(3)workdayswhenthe Chief of Policeshallsodirect,thewrittenrequestforsickleaveshallbeaccompaniedbya certificatesignedbythephysicianorotherlicensedmedicalpractitionertreatingthe employee,certifyingastotheincapacityoftheemployeeduringsuchperiodtoperform theusualduties of hisposition.Suchdirectivesshallbevalidandinforceforaperiod nottoexceedfour(4)months.The Chief of Policemayissueadditionaldirectivesnotto exceedfour(4)monthsinduration,inhis discretion.Theissuance of allsuchdirectives maybeappealedtotheCityManager.Failureto ftirnish suchamedicalcertificatefor absencesinexcess of three (3)workdays,orforanyabsencewhensodirectedbythe Chief of Police,shall result intheabsencebeingchargedtothe vacation leave of the employee and possible disciplinary action. 9.Employeehired prior toOctober 1,1995,whovoluntarily temiinates employment fromtheCity,shall receive payment forleavedepositedinthesickleave bank in accordance with following schedule: After 5 years of continuous service 25% After 10 years of continuous service 50% After 15 years of continuous service 75% After 20years of continuous service 100% 10.The parties agree that theCitymaytakeanystepsitdeems appropriate to strictly administer andenforcetheCitysickleavepolicyinsuchamannerasto eliminate abuse of sickleave privilege. 11.Inthe event an employee is killed intheline of duty,orhe dies by natural causes, hisheirsshallreceiveone-hundredpercent(100%)of hisremainingaccumulatedsick leave time. 12.Anysickleave donated tootherCityemployeesshallnotbe counted against the donating employee in terms of useor rollover of sick time to vacation time. 13.Itis [further understood andagreedthatallissuespertainingtoSickLeaveUsage shallbe governed byCity of South MiamiSick Leave Policyas described inthe PersonnelManualineffectatthetime of request. 13 ARTICLE 14.FUNERAL LEAVE 1.Employees coveredbythis Agreement shallbe entitled to funeral leavewithpayupto a maximum offour(4)workdays intheeventofadeathinthe employee's family.Two (2)additional daysofleavemaybe granted iftravelin excess of 250milesonewayis necessary. 2.Theimmediatefamilyshallbedefinedaswifeorhusband,grandparents,parents, stepparents,children,stepchildren,grandchildren,brothers,stepbrothers,sisters, stepsisters,Jfather-in-law,mother-in-law,brother-in-law sister-in-law,grandparents-in- law,domestic partners andall approved familial relationships within,applicable to domestic partners. 3.Proofofdeathinthe immediate family intheformofdeath certificate orpublic obituary mustbeprovidedtotheCity Manager orhis designee before compensation is approved. 4.Funeralleaveshallnotbechargedtosickleaveorannualleave. 5.Should an employee requiremore funeral leave above the allotted time,hemayrequest additional timenottoexceedten(10)days.Such requests mustbe submitted atleastfive (5)days prior tothe start of the requested leave and be pre-approved bytheChiefof Police.Moreover,the employee requesting such leave must have atleastten (10)daysin eitherhissick,vacation orcompensatoryleavebanks. ARTICLE 15.LEAVE OF ABSENCE 1."No Pay"leave maybe granted bythe City Manager fora period notto exceed six (6)calendar months to enable the employee to receive professional or technical training which will improve his work upon his return to service,or because ofthe employee's extended illness or non-job-related disability.Maternity leave shall be treated the same as any other extended illness or non-job-related disability."No Pay"leave may be granted by the City Manager to an employee for a period not to exceed one (1) calendar monthforany other purpose. 2."No Pay"leave granted to any employee shall not tobe charged against vacation leave,but entry thereofshallbe made upon the leave records ofsuch employee. 3.Any employee granted leave without pay for six (6)months or more shall be entitled to be placed by the City only ifajob position is available,it being clearly understood that if the job position last held has been filled or eliminated,the City will make every effort to place the employee in another job position for which said employee qualifies.If placed in another job position,said employee shall be entitled only to the wage scale for such new position.If mo job position is available,the City will give priority to said employee as soon as a new job position for which the employee qualifies, is available. 14 ARTICLE 16.VACATION LEAVE 1.Theterm"VacationLeave"shallbeusedtodesignateleavewithpaygrantedto anemployeeonthefollowingproratedbasis: Years of Uninterrupted Service 1)1to5yearsinclusive 2)6to14years inclusive. 3)15 to 19 years inclusive 4)20 years andover Amount of Vacation 2-2/5 weeks or12 working days 3weeksor15 working days 3-3/5 weeks or18 working days 4-1/5 weeks or21 working days (a)Vacation shall require approval ofthe Chief of Police orhis designee,and atnotimeshallan employee be allowed touse more vacationleavethanhasbeen accumulated. (b)Earned vacation time is principally intended foruse during the year in whichitis earned.Under exceptional circumstances anduponwrittenrequestwithinthe yearinwhichthe vacation timeis earned,suchtime may beusedupto30 days pastthe employee's anniversarydatewiththewrittenapprovaloftheCityManager. (c)Vacation leave maybe taken tothe extent thatitis earned bythe employee,subject totheprior approval oftheChiefof Police,upon written application bytheemployeeinadvance,andattheconvenienceoftheCity. (d)Anyearnedand credited vacationunusedleaveaccruedbyan employee whenterminatingemploymentwiththeCitywillbepaidproratedatthe employee's currentrate of pay withthelastpaycheckreceived. 2.An employee mayrequesthis vacation paychecks in advance of scheduled vacationbysubmittingawrittenrequesttotheCity'sPayrollDepartmentatleasttwo(2) weekspriorto starting hisvacation. 3.Employeeswillbepermittedtosplittheirvacationdatesatthediscretionofthe Chief of Police. 15 ARTICLE 17.EXTRA-DUTY POLICE EMPLOYMENT 1.EmployeesagreetobeboundbyandabidebytheRevisedExtra-DutyPolice Employment PolicyasdevelopedbytheChiefof Police.TheCityshallprovidethe Associationwithtwo(2)weeksadvancenoticeofanymodificationstotheaforesaid Extra-DutyPolice Employment Policy. 2.Effectiveuponratification,theRevisedExtra-DutyPoliceEmploymentPolicyshallbe revisedtoreflectthattheCityshallbeentitledtonomorethanafivedollar($5.00)flat feeperhourperdetailworkedbyabargainingunitmember. 3.Effectiveuponratification,theRevisedExtra-DutyPoliceEmploymentPolicyshallbe revisedtoreflectthatallextra-dutydetailsrequestedwithmorethanthreedaysnoticeto theCityshallbebidbyseniorityinthefollowing order:policeofficers,policesergeants, otherpolice department employees. 4.Any employee who may be injured whileactinginthescope of such employment shall beentitledtothesamerights,privileges,benefitsand workers'compensation as if on dutyprovidedthatsuch extra-duty employmentisauthorizedbythe Chief of Police. 16 ARTICLE 18.INSURANCE BENEFITS The City agrees to pay for HMO health insurance forall employees covered by this Agreement.Employees wanting the optional POS or PPO health insurance willpay the difference between the two plans.The City will also continue the current levels of coveragefordental,lifeanddisabilityinsurance. ARTICLE 19.MANAGEMENT RIGHTS 1.The Association andits members recognize thattheCityhasthe exclusive rightto manage and direct allofits operations.Accordingly,the City specifically,butnotby way of limitation,reservestheexclusiverightto: A.Decide the scope of service tobe performed andthe method of service; B.Hireand/or otherwise determine thequalificationsofemployees andthecriteriaandstandardsfor employment; C.Promote employees from the ranks of.Division Commander, Lieutenant and Captain within thesole discretion oftheChiefof Police; D.Terminateorotherwisedisciplineemployeesfor just cause; E.Promote anddeterminethequalifications of employees; F.Layoff and/or relieve employees from dutyduetolackof work; G.Transfer employees from location to location and from timeto time; H.Rehire employees; I.Deteimine the starting andquittingtimeandthenumberofhours and shiftstobe worked subjectto Article 20; J.Determinetheallocationandcontent ofjob classifications; K.Formulate and/or amendjob descriptions; L.Merge,consolidate,expand,or curtail or discontinue temporarily or permanently,in whole orin part,operations whenever inthe sole discretion oftheCitygoodbusinessjudgmentmakessuch action advisable; M.Contract and/orsubcontractanyexistingorfuturework; N.Expand,reduce,alter,combine,assign,orceaseanyjob; O.Determine whetherandtowhatextentthe work required in its operation shall be performed by employees covered bythis Agreement; P.ControltheuseofequipmentandpropertyoftheCity; Q.Determinethe number,location,andoperationof headquarters, annexes,substations and divisions thereof; R.Scheduleandassigntheworktotheemployeesandto determine the sizeandcomposition of theworkforce; 17 S.Determinethe services tobeprovidedtothepublicandthe maintenance,procedures,materials,facilities,andequipmenttobe used,andtointroduceneworimprovedservices,maintenance procedures,materials,facilitiesandequipment; T.Takewhateveractionmaybenecessarytocarryoutthemission and responsibilities oftheCityin emergency situations; U.Formulate,amend,reviseandimplementpolicy,programs,rules and regulations; V.Have complete authority toexercisethoserightsandpowersthat areincidentaltotherightsandpowersenumeratedabove, includingtherighttomakeunilateralchanges. 2.The above rightsoftheCityarenot all-inclusive butindicatethetype of matters or rights that belong toandare inherent intheCityasthe employer.Anyoftherights, powers,and authority the City had prior to entering into this collective bargaining agreement are retained bythe City,except as specifically abridged,delegated,grantedor modified bythis Agreement. 3.Ifthe City failsto exercise anyone ormoreofthe above functions fromtimeto time,thiswillnotbe deemed a waiver ofthe City's rightto exercise anyorallofsuch functions. ARTICLE 20.WORK STOPPAGES 1.The Association agrees that,under no circumstances,shalltherebeanywork stoppage,strike,sympathy strike,safety strike,jurisdictional dispute,walkout,sit-down stay-in,sick-out or any other concerted failure or refusal to perform assigned work for any reason whatsoever,or picketing in the furtherance of any ofthe above-prohibited activities,nor shall any bargaining unit personnel refuse to cross any picket lineatany location,whether the picketing is being done bythe Association orany other employee organization orunion. 2.The Association agrees thatthe City shallretaintherightto discharge or otherwise discipline some or all ofthe employees participating inor promoting any ofthe activities enumerated in paragraph 1 above,and the exercise ofsuch rights bytheCity willnotbe subject torecourseunderthe grievance/arbitration process. 3.Itis recognized bythe parties that the activities enumerated in paragraphs 1and2 above,are contrary tothe ideals of professionalism and tothe City's community responsibility.Accordingly,itis understood and agreed that in the event of any violation of this Article,the City shall be entitled to seek and obtain legal and/or equitable reliefin any court of competent j urisdiction. 4.For the purpose of this Article,itis agreed that the Association shall be responsible for any act committed by its officers,agent,and/or representatives when such actconstitutesaviolation of state lawortheprovisions of thisAgreement. 18 ARTICLE 21.AWARDS The City will endeavor to provide a formal system of awards for various degrees of outstanding service.Employees selected as Officer ofthe Month or Supervisor ofthe Monthshallreceiveofficialawardswhicharetobeposted conspicuously inthePolice Station and City Hall.Additionally,formal recognition ofan employee's exceptional serviceshallbe placed in personnel file. ARTICLE 22.MILITARY LEAVE The City shall abide byany and all statutory rights employees who arealso members of the United States military are entitled to. ARTICLE 23.AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee mustbe authorized in writing in advance tousehis private automobile inthe performance ofhis City duties andwillbe compensated atthe mileage rate prescribed by Florida Statutes.Such mileage shall be computed based onthe distance between the employee's regular duty station andtheplaceof assignment orthe employee'residence andthe place of assignment,whichever is shorter.Mileage shall not bepaidfor commuting toandfromthe regular dutystationorforcourt appearances or case-related conferences. ARTICLE 24.BULLETIN BOARDS TheCityshallpermitthe Association topost notices ofan informational nature andnamesandaddresses of officers,directors,andrepresentatives of theEmployee Organization ona 5'x4'bulletinboardinthe squad room atthepolice station.Acopyof eachnoticetobepostedshallbe transmitted totheChiefofPoliceorhisdesigneepriorto posting.Under no circumstances shall the Association tenderforpostinganynotice training material tendingto,directlyor indirectly,disparage anyelectedorappointed official or employee ofthe City.An officer ofthe Association shall signs each notice to beposted. ARTICLE 25.SEVERABILITY CLAUSE Shouldanyprovision of thisAgreementoranypartthereof,berenderedor declaredinvalidbyreasonofany existing or subsequently enactedstateorfederal legislation,orbyanydecreeofa court of competent jurisdiction,allother articles and sectionsofthisAgreementshallremaininfullforceandeffectforthedurationofthis Agreement.Furthermore,shouldanyprovisionofthisAgreementbecomeinvalid,as describedabove,thepartiesshallmeetwithinthirty(30)calendardaysofsuchdecision orlegislationtodiscusssubstitute provisions for,orramificationsofsuchactiontothis Agreement. 19 ARTICLE 26.COMPENSATION 1.Uponratificationbargainingunitmembersshallreceivecostoflivingadjustments based on the Consumer Price Index -All Urban Consumers 12-Month Percent Change fortheMiami-Ft.Lauderdale FLarea(CPI),(computedastheaggregateor prorated amountdependingontheemployees'dateofemployment,ofthelast3-years of COLA,12-monthaveragechangepercentage)whichshallhavetheeffect of increasingthepayforeachemployeetoensureemployeesdonotloseearningsto inflation. Overthepastthreeyearsthe Consumer PriceIndex-AllUrbanConsumers12-month Percent ChangefortheMiami-Ft.Lauderdale,FLarea(CPI)hasbeenestablishedby theUnitedStatesDepartmentof Labor,BureauofLaborStatisticsasfollows: (AnnualCPI2012)October 1,2013 -September 30,2014 =1.9% (AnnualCPI2013)October 1,2014 -September 30,2015 =1.3% (AnnualCPI2014)October 1,2015 -September 30,2016 =2.1% (AnnualCPI2015)October 1,2016 -September30,2017=0.9% Any employee hiredpriorto October 1,2014shall receive a5.3%COLA increase. Any employee hiredonor after October 1,2014 butpriorto October 1,2015 shall receive a 3.4%COLA increase. Any employee hired onor after October 1,2015 but prior to October 1,2016 shall receive a 2.1 %COLA increase. 2.Effective October 1,2016,and each yearthere after,bargaining unit members shall receive acostof living increase,based onthe Consumer Price Index-AllUrban Consumers 12-Month Percent Change forthe Miami-Ft.Lauderdale FLarea(CPI) which shallhavetheeffectof increasing thepayforeach employee,unless theCPIis zero oris negative,which shall then have no decreasing effect onthe employee's pay Any employee hired onor employed on or after October 1,2016 but prior to October 1, 2017 shall receive an additional 0.9%COLA increase. Bargaining unit employees who serve as Field Training officers pursuant tothe criteria below will receive a seven percent (7%)of their base hourly rate asa supplement during the time that the employee performs FTO duties.In order to receive the FTO supplement,the employee must:(1)secure an FTO certificate from the State of Florida, and (2)be assigned to and actually perform FTO duties.Thus,employees will receive FTO pay only during those days in which the employee isat work,is assigned to FTO duties and performs FTO duties.The seven percent (7%)FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. 20 4.Bargainingunitemployeescoveredbythis Agreement whoaretemporarilyassignedto ahigherrankshallreceivesevenpercent(7%)oftheirbasehourlyrateasasupplement foreach full day worked in the higher rank. 5.Longevity payshallbe calculated basedonthehourlyrateofeach bargaining unit employee. 6.Bargainingunitemployeesassignedtouniformpatrolwhoarecoveredunderthis Agreementandareassignedtoafternoonormidnightshiftsshallreceivea shift differentialpay of $0.35(afternoonshift)or$0.50(midnightshift).Bargainingunit employeesassignedtouniformpatrolwhoarecoveredunderthisagreementandare assigned to afternoon or midnight shiftsshall receive ashift differential pay of $0.45 (afternoonshift)or$0.60(midnightshift).Theshiftdifferential,forovertimeand pensioncalculation,isnottiedtothebase.Hoursmustbeactuallyworkedinorderto receivethe differential pay. 7.BargainingunitemployeescoveredunderthisAgreementwhoareassignedtothe following specializedunitsshallreceiveanassignmentpayincrease of $0.50perhourfor timeactuallyworked.Theassignmentpayisnottiedtothebaseforovertimeand pension calculations. a.Motors/Traffic Unit b.G.I.U. c.S.I.U. d.K-9 e.SWAT EffectiveOctober1,2016,thepaystepprogramshallbeimplementedandbeginas follows: Asteppay increase willbeawardedattheend of themonth upon completion of anniversaryyear within the employee's classification provided hemeetsthe provisions contained in this Article. Schedule is as follows: -2%steppayincrease=Year2 of thepaystepprogram(completed24months of service from October 1,2016) -2%steppayincrease=Year4 of thepaystepprogram(completed48months of service fromOctober1,2016) -2%steppayincrease=Year 6 of thepaystepprogram (completed 72months of service from October 1,2016) -2%steppayincrease=Year8 of thepaystep program (completed 96 months of service from October 1,2016) 21 -2%steppay increase =Year 10 of thepaystepprogram (completed 120 months of service from October 1,2016) -3%steppay increase =Year 15 of thepaystepprogram (completed 180 months of service from October 1,2016) -3%steppay increase =Year20 of thepaystepprogram (completed 240 months of service from October 1,2016) Employeemustnothaveany of the following withinatwo(2)year period preceding the effective date of thestep increase: «•Received ascore below 3.0 ontheannualperformancereview ©A sustained or upheld Suspension ©Be on a Performance Improvement Plan Oncethelistedabove items havebeenresolvedandfinalizedfor employee record,then employee canrequesttobe reviewed againforsteppay increase.Anemployeethathasa suspension orannual performance review overturned through the appropriate appellate process shall be entitled tothe applicable step pay increase hewouldhave otherwise received at the time. An Employee mustbean employee ofthe City onthe award date thesteppay increase is scheduled. Special RiskPayshallbe$50.00perpay period fortermofthis contract. Command Staffisdefinedasany member ofthis collective bargainingunitwiththerank of lieutenant or higher.Employees covered bythis Agreement shallbeentitledto Command Staff Incentive Payinthe amount of$60perpay period.Such payment shall beexcludedfromanycalculationofpensionablecompensation. 22 ARTICLE 27.PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS Except as specifically provided herein,neither party hereto shall be permitted to re-open this Agreement or any partof this Agreement.This Agreement contains the entire agreement ofthe parties onall matters relative to wages,hours,working conditions,andallother matters whichhave been,or could havebeen negotiated byand betweenthepartiespriortotheexecutionofthisAgreement. ARTICLE 28.UNIFORMS AND EQUIPMENT 1.Employees covered bythis Agreement shall receive from theCityupon appointment, atnocosttothe employee,anew uniform,whichshallconsistofthe following: (a)One(1)longsleeveshirt; (b)Five(5)shortsleeveshirts; (c)Five (5)pairs of trousers; (d)One(1)hat; (e)Badge and name tag; (f)DutyBeltand accessories to include:butnotbe limited to:handcuffs and casecartridgecase,holsterandhandheldradioholder; (g)Theappropriatequantity of ammunition; (h)One (1)jacketwithzip-outlining; (i)One(1)pairpolicelowquarter corfam shoes; (j)Raingear. The above itemsshallbe replaced as needed,bytheCity,withina reasonable amountof timefromthe employee's written request.Such requests shall include thereasonfor replacement andis contingent upon approval ofthe Division Commander viachainof command. 2.Employees whoare required towear non-issued clothing willreceiveaclothing allotmentof$700dollars annually.One-half(1/2)ofsaidallotmentwillbepaidonthe paydaynearestthe 15th of December ofeachyearandtheotherone-half(1/2)willbe paidonthepaydaynearestthe 15th ofJuneofeachyearprovidedthatthe employee is employed on said day. 3.Uniformed employees covered underthis Agreement willreceiveaclothingallowance of$400dollarsannually.One-half(1/2)ofsaidallotmentwillbepaidonthepayday nearestthe15th of Decemberofeachyearandtheotherone-half(1/2)willbepaidonthe paydaynearestthe 15th ofJuneofeachyearprovidedthattheemployeeisemployedon saidday.Anyemployeewhoreceivesa clothhig/uniform allowanceinadvancewho terminatesemployment,exceptforretirement,willhaveaproratedportionofthat allowancedeductedfromthefinalpaycheck.Nofinalpaycheckwillbegiventhe terminatedemployeeuntilallcity-ownedpropertysuchasuniformsandequipment,ID, etc.has been returned to the City. 23 4.EachbargainingunitemployeecoveredbythisAgreementshallbeprovided with a bullet proof vest,asneeded,inthesolediscretion of theCity.Thewearing of the vest willbeattheoption of employees,exceptasspecificallydirectedbytheDepartment. 5.Eachofficer(uponrequest)willbeissuedsurgicalglovesandaplasticpocket resuscitationmaskforuseinadministeringfirstaid.Suchitemsshallbereplacedas needed. 6.Employeesmaybeallowedtocarry personally-owned shot-gunsandammunition whichconformtodepartmentstandardsoncetheemployeeisqualifiedforuseinthat weapon oran identical weapon byacertifiedrangemaster. 7.All personnel whointendtocarrypersonal semi-automatic weaponsondutyare subject tothe following conditions: 1)Theofficermustcomplete transitional trainingpriortoobtainingapprovalto carrythefirearmasprovidedforinArticle 10.3 -TRAINING. 2)A request to carry the firearm shall be approved bytheChiefof Police. 3)Firearm shallbe inspected andapprovedbya Department armorer. 4)Swornpersonnelshallnotmodifyauthorizedfirearms. 5)Holsterand ammunition magazine holder shallbeprovidedbythe Department. .6)Theofficershall complete a training course pertaining tothenew firearm. 7)The officer shall qualify withfirearm. 8)Firearms and magazines shall be carried with Department issue ammunition only. 9)The Department shall set forth the manufacturers and models approved for use. 8.Employees shall be-issued impact batons with holsters and shall receive appropriate trainingforuse of suchpriortoissuance. 9.Uniformed personnel shall be permitted to wear,as part of their uniform,a standard knifecase,thefinish of which matches theleather accessories issuedbytheCity. ARTICLE 29.PHYSICAL EXAMINATION AND WORKERS' COMPENSATION BENEFITS 1.Employees will receive an electrocardiogram,eye exam,and physical examination to include alcohol and drug screen testing atleast once a year (12 months) performed by a physician selected by the City or when requested by the City.Scheduling ofthe above willbeatthe discretion ofthe City,andthe results will become partofthe employee's permanent record.The City will undertake the cost of the examination and. will fiirnish theemployeewithacopyofthe examination report. 24 2.Employees covered by this agreement further agree that,in the interest of public confidence,there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing.Said tests shall bein addition tothe annual physical and may occur not more than one time per employee each year. 3.Itis further understood and agreed that all issues pertaining totheCity's Drug and Alcohol Policy shall be governed by the City of South Miami Personnel Manual. ARTICLE 30.RETIREMENT BENEFITS 1.Each bargaining unit employee who retires on length of service or medical disability shall receive an honorary one-grade promotion and shall be issued a badge and identification card clearly marked "retired". The following changes in retirement benefits are hereby agreed and are incorporated hereto as historical data: (a)Effective October 1,1995,the benefit accrual rate (multiplier)shall be increased from1.9%to2.25%forservices performed inthe 1995-1996 fiscalyear; (b)Effective October 1,1996,the benefit accrual rate (multiplier)shall be increased from2.25%to2.50%forservices performed inthe 1996-1997 fiscalyear; (c)Effective October 1,1997,the benefit accrual rate (multiplier)shall be increased from2.50%to 2.75%o forservices performed inthe 1997-2001 fiscalyears. (d)Effective October 1,2001,the benefit accrual rate (multiplier)shall be increased from 2.75to2.80percentfor services performed inthe 2001-2002 fiscal year. (e)Effective October 1,2002,the pension benefit accrual rate (multiplier)for sworn police personnel shall be increased from 2.80 percent to 2.90 for services performed in the 2002-2003 fiscal year. (f)Effective October 1,2003 and thereafter the pension benefit accrual rate (multiplier)forswornpolice personnel shall be increased from2.90to3.00percent. (g)The multiplier factor for all years of service prior to October 1,1993,the multiplier shall be 1.6%.For services rendered during fiscal year 1993-94 (October 1, 1993 through September 30,1994),the multiplier shall be 1.8%.For services rendered during October 1,1994 through September 29,1995,the multiplier shall be 1.9%tobe applied atthetimeof retirement of each bargaining unit employee covered by this Agreement. 25 2.Bargaining unit employees shall be 100%vested in the retirement plan when completion often (10)years continuous full time service in the retirement planis completed. 3.Effective October 1,2016 police officer contributions willbe capped atno more than12.0%of earnings. 4.The sum of $37,780.00 Wl be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year,regardless ofthe growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit and providing the pension benefit accrual rate (multiplier)for sworn police personnel shall notbelessthantwo percent (2.0%)forall years of service improvement tothepensionplan. 5.Final average compensation shall mean the participant's annual compensation,as determined bythe employer,acting ina uniform and nondiscriminatory manner averaged over thebestfive(5)year period ofthe participant's career withthe City of SouthMiami ending onthe participant's retirement date,date of disability,date of termination of employment,ordateof termination oftheplan,whichever is applicable.Ayear,forthe purposes ofthis section,shallbe defined as26 consecutive pay periods.Thebestfive(5) years is defined asthefive(5)best26 consecutive payperiodswithinaparticipant's career.However innoeventshallsuchpay periods overlap.TheCityshallpasswhatever ordinances arerequiredto effectuate this change,if necessary. 6.Thenormal retirement date (the earliest date a bargaining unit employee may retirewithfullunreducedpension benefits)fora participant shallbethedatewhenthe employeecompletes25years of creditedpoliceservice,regardlessofage,orattainment ofagesixty(60)andwhenhehas completed ten(10)yearsofcreditedpolice service. 7.EmployeescoveredbythisAgreementshallbeallowedtoapplyforpermissionto purchase creditfor active dutyintheU.S.military service,uptoa maximum offour(4) yearsintheSouthMiamiRetirement System,pursuanttoprocedurestobepromulgated bytheCityin consultation with the PBA. 8.EmployeescoveredbythisAgreementshallbeallowedtoapplyforpermissionto purchasecreditforimmediatepastCityserviceasamember of thebargainingunitupto amaximum of five(5)yearsintheSouthMiamiRetirementSystempursuantto procedurestobe promulgated bytheCityinconsultationwiththePBA.Theactuarial and techiiical languageistobepreparedbyacertifiedcompanyagreedtobytheCityand thePBA,andadoptedbythePensionBoard.Anyconditionorimpairment of health of anypolice officer causedbytuberculosis,hypertension,heartdisease,or hardening of the arteries,resultingintotal disabihty ordeath,shallbepresumedtobeaccidentaland sufferedintheline of dutyunlessthecontrarybeshownbycompetentevidence. 1It is contemplated that both the rank and file and supervisory collective bargaining agreements reflect the $37,780.00payment,howeveronlyonepaymentshallbemadeeachyearthatcoverstheplanasawhole, withoutregardtothetwobargainingagreements. 26 9.Themaximumamountofovertimehoursforpensioncalculationsforanyone fiscal yearshallnotexceed300 hours.Theday following theratificationofthis Agreement,anyaccumulatedtimewhichis eligible forpayoutuponseparationfrom employment withtheCityshallremain eligible forpension calculations andsubjectto pension contributions upon payout.Any accumulated timethatiseligibleforpayout after the ratification ofthis Agreement willbe considered new accumulated time.Any andallnew accumulated time,eligible for payout upon separation from employment with the City,shallnotbe eligible for pension calculation or subject to pension contributions 10.Attachedheretoandincorporatedbyreferenceherein,isOrdinance16-08-1951 adopted May 20,2008,entitled "PensionPlan." ARTICLE 31.EDUCATIONAL INCENTIVE 1.TheCityagreestobearthecostoftuitionfor specialized educationcoursesto better equipthe officers forthe performance ofthe particular job and/or position inwhich theyareemployed. 2.Every application for educational assistance shallbe subject tothe approval ofthe Chiefof Police andtheCity Manager.Such approval mustbe obtained atleast thirty (30) dayspriortothebeginning of anycourse. 3.If any application is approved,guidelines for reimbursement areas follows: a)50%)reimbursementofthecoursecostforagrade of "C"orbetterfor undergraduate courses; b)50%reimbursement of the course costforagrade of "B"orbetterfor graduate courses; c)Anysuch reimbursement shall be made only upon submission ofproof of thegradesasprovidedinsub-sectionsaandbabove; d)Thecredithourcostofany courses approved shall be capped attherate usedbylocal publicly funded iiniversities and/or community colleges. 4.Employees utilizing educational assistance must remain with the City for a period ofat least two years following completion of any reimbursed course,or said money must be repaid tothe City (amount may be deducted from final pay). 27 i ARTICLE 32.EMPLOYEE PREGNANCY/MATERNITY LEAVE Pregnantemployeesshallbegranteddisabilityleaveonthesametermsand conditions as granted forother non-pregnancy-related disabilities.Any bargaining unit employee who becomes pregnant shallbe entitled to unpaid maternity leave.Such maternityleaveshallbegrantedforaperiodofuptosix(6)months.Intheeventthatthe pregnantemployeehasanyaccruedannualleave,sick le_tve or comp time,shemayuse alloranypartofthe accrued leaveather request inlieuofunpaidleave.TheCitywill abide by all"applicable Stateand Federal law regarding pregnancy andleave time. ARTICLE 33.EMPLOYEE ASSISTANCE PROGRAM TheCityandthePBAconcurthatanEmployeeAssistanceProgram(EAP)wouldbe of greatvalueinsupportingtheoperationsofthePoliceDepartmentandtobolsteringthe welfare of theDepartment'slaw enforcement personnel.Therefore,itisagreedthatthe CityManagerandthe PBA unit representatives willmeet,asneeded,todevelopanaction plantoimplementsuchaprogramthatisresponsivetotheneeds of thebargaining unit andis affordable totheCity. ARTICLE 34.ABOLISHMENT OR MERGER 1.Whenever theabolishmentormerger of thepolice department is contemplated, theAssociationshallbeinformed of suchplansinadvanceandbegivenan oppoilunity tonegotiateconcerningtheimpact of suchabolishmentormergerproposalupon this Agreement. 2.The abolishment or merger negotiations shall include discussion of provisions for the placement of personnel inotherdepartmentsor,inthe alternative,severance benefits. ARTICLE 35.AMERICANS WITH DISABILITIES ACT Notwithstanding anyotherprovision of thisAgreement,the PBA agreesthattheCity maytakewhateveractionsmaybenecessarytocomplywiththeAmericans with DisabilitiesActortheFloridaCivilRightsActtoprovidereasonable accommodation to individualswithdisabilitiesasrequiredunderthoselaws.Toaccomplishthis,theCity shallnotifythePBA of theactionitintendstotaketocomply with,theADAorthe FloridaCRA.If the PBA disagreeswiththeactioncontemplatedbytheCity,thePBA shallimmediatelyrequestnegotiationswiththeCitytoresolvetheissueandtodetermine theparties'mutualobligationstocomplywiththeselaws.However,anycontentionor claim 'that theCityviolatedanyprovisionofthe Americans withDisabilitiesActorthe FloridaCivilRightsActshallbeexclusivelyresolvedthroughavailableadministrativeor judicialremedies,andshallnotbesubjecttothegrievanceprocedureprovidedwithinthis Agreement. 28 ARTICLE 36.TERM OF AGREEMENT Exceptas provided herein,allprovisionsofthis Agreement shallbeeffective upon ratification bythe PBA andtheCity.This Agreement shall remain infullforceand effectuntiland including September 30,2018. City of South Miami: By: Sjeven Alexander,City Manager Approved ^^q^i^i^ By:!/-yy <->(!Jsf*r Xhomas'Pepe,Esq(,City Attorney Date:jr^;£2/t 2*44 Date:'C 7 /<W -^V^f Miami-Dade County PoliceJBenevolent Association: By:Date:&-*-'-/- By:CZZ^k^y: BlancaGreenwood,Esq. Date:&/<?£,//'''O? Crisuna Escobar,Esq Date:&/^/j£2?A£>. 29 SUNDAY JUNE «m I NEIGHBORS I I 33SEMIAMiHERAlO.COM l^CIUODWIVJ CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY giventhattheCity Commission of theCityofSouthMiami.Florida willconductPublicHearing(s)atits regular CityCommissionmeeting scheduled forTuesday,June 21,2016,beginningat7:00p.m..intheCityCommissionChambers. 6130 Sunset Drive,to consider the following item(s): A Resolution relating toan application forwaiverofplatforthe subdivision of property locatedat0050 SW 81 Street. A Resolution approving special exceptions waiving strict compliance withthelot coverage,parking,height,and setback provisions of the Hometown District OverlayOrdinancefora proposed addition located at5875 Sunset Drive. /AResolution approving and authorizing the City Manager to execute a three (3)year (October 1,2015 -September ^ I 30,2018 )agreement between the Miami-Dade County Police Benevolent Association Collective Bargaining Union 1 I ("Lieutenants &Captains'1)and the City of South Miami.J AResolutionauthorizingtheCityManagertoenterintoathree-year agreement withAT &Ttoreplaceexisting network connections atParksand Recreation,PublicWorksandCityHall. An Ordinance amending Chapter 13A.Section 13A-22 oftheCity of South Miami Code of Ordinances,entitled "BalloonRegulations/^providingfortheregulationofballoonusageandballoonreleasesintheCitylimits. AnOrdinanceamendingtheLandDevelopmentCode,Article 111."Zoning Regulations,"Section20-3.6."Supplemental Regulations,"toamendandclarifytheheightlimitationsonfences,walls,hedgesandsimilarfeaturesinresidential zoning districts. AnOrdinanceamendingSection20-5.4,"Complete applications required;'Section20-5.5,"Applicationsrequiring publichearings,"andSection20-5.6,"Applicationsingeneral,"of the SouthMiamiLandDevelopmentCodeto establishrequirementsforatransportationimpactanalysis,andotherchangesincludingcorrectionofnames,clarifying notice requirements,and establishing authoritytodeferanitem. ALL interested partiesareinvitedtoattendandwillbeheard. Forfurther information,pleasecontacttheCityClerksOfficeat:305-663-6340. Maria M.Menendez.CMC CityClerk Pursuant to Florida Statutes 286.0105.theCity hereby advises the public that ifa person decides toappealany decision madeby this Board.Agency or Commission with respect toany matter considered atits meeting or hearing,he or she will need a record ofthe proceedings,and thatforsuch purpose, affected person may need to ensure that a verbatim record ofthe proceedings is made which record includes the testimony and evidence upon which the appealisto be based. MIAMI DAILY BUSINESS REVIEW Published Daily e»cepi Saturday.Sunday ,i,-d LegalHolidays Miami.J.lian»-Dade Oounly Hwut.) STATEOFFLORIDA COUNTY OF MIAMI-DADE: rrJ,1r 'he underSi3"ed ««h~ity Personally appearedOCTELMAVFERBEYREwhoonoathsays(hat he or she ., •he VICE PRES.OENT Legal Notices of the Miam.Daily Business Review f/wa M,am,Review a da,ly iexcept Saturday.Sunday and Legal Holidays,newspaper puobshed at Miam,,n «Aam.-Dade County Florida thai the attached copy of advancement being a Legal Advertisement ofNotice m thematter o' NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -JUNC 2 V 2016 in theXXXX Court. was published insad newspaper in the -ssues of 06/10/2016 Affiant further says that the said Miami Daily Business Review ,s a newspaper pushed at Miami in sa.d M,am,-Dade County Florida and that the said newspaper has before been continuous pubhshed m sa.cl M,am.-Dade County Florida each day (except Saturday Sunday and Legal Holidays}and has been entered as second class ma.l matter at the post office in M.am,,n said Miam.-Dade County Florida for a period of one year next preceding the first publication of the attached copy of advertisement,and affiant --nher says that he or she has neither _a.d nor prom.sed any person mm or corporation any discount.,rebate,commission or refund for the purpose of securing th.s advertisement for publication ;n the sard newspac -worn toand subscribed beforeme this 10 dayof JUNEAD 2016 .SEAL, OCTELMA V FERBEYRE personally known to me ^A^'-RHOmA MPELTIER*'iA^MY C0MM,SSI0,M HFF231407 '•%'^FXP.ppSMny17 2019 ____«-*Ni>:.r,S_-.i__jut NOTICEISHEREBY giventhattheCityCommissionoftheCityofSouth Miami,Florida will conduct Public Hearing(s)atits regular City Commission meetingscheduledforTuesday.June21.2016,beginningat7:00p.m.,in theCity Commission Chambers,6130 Sunset Drive,to consider the following item(s}: AResolutionrelatingtoanapplicationforwaiverofplatforthesubdivision ofproperty located at6050 SW 81 Street. AResolutionapproving special exceptions waivingstrict compliance withthelot coverage,parking,height,and setback provisions of the Hometown District Overlay Ordinance fora proposed addition located at 5875 Sunset Drive. ( AResolution approving and authorizing the City Manager to execute a\ three (3)year (October 1,2015 -September 30.2018)agreement between A the Miami-Dade County Police Benevolent Association Collective Bargaining I Union ("Lieutenants &Captains")and the City ofSouth Miami./ AResolutionauthorizingtheCityManagertoenterintoathree-year agreementwithAT&TtoreplaceexistingnetworkconnectionsatParks and Recreation,PublicWorks and CityHall. AnOrdinanceamendingChapter13A,Section 13A-22 oftheCityofSouth Miami CodeofOrdinances,entitled 'Balloon Regulations,'providingfor the regulation ofballoonusageandballoonreleasesintheCity limits. AnOrdinance amending theLand Development Code,Article III. "Zoning Regulations,"Section 20-3.6,"SupplementalRegulations,"to amend andclarifytheheightlimitationson fences,walls,hedges and similar features in residential zoning districts. AnOrdinanceamendingSection20-5.4,'Complete applicationsrequired." Section 20-5.5,"Applications requiringpublichearings,"and Section 20-5.6,"Applications in general."ofthe South MiamiLand DevelopmentCodeto establish requirements fora transportation impactanalysis,andother changes includingcorrectionofnames, clarifying noticerequirements,and establishing authority todeferan item. ALL interested partiesareinvitedto attend and will beheard. Forfurther information,pleasecontacttheCityClerk'sOffice at:305-663-6340. Maria M.Menendez,CMC CityClerk Pursuant toFlorida Statutes 286.0105.theCityhereby advises thepublic thatifapersondecidestoappealanydecisionmadebythisBoard, Agency or Commission with respecttoanymatter considered atits meeting or hearing,heorshe will needarecordofthe proceedings,and thatforsuchpurpose,affectedpersonmayneedtoensurethata verbatim recordoftheproceedingsismadewhich record includesthe testimony andevidenceuponwhichthe appeal istobe based. 6/10 16-96/0000122622M