Res No 059-18-15092RESOLUTION NO.: _0_5_9_-_1_8_-_15_0_9_2 __
A Resolution approving and authorizing the City Manager to execute a Memorandum of
Understanding concerning an amendment to the current collective bargaining
agreement (Lieutenants and Captains) between the Miami-Dade County Police
Benevolent Association and the City of South Miami.
WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the
highest levels of law enforcement protection and services for the citizens, residents, businesses
and visitors of the City of South Miami; and
WHEREAS, a Collective Bargaining Agreement ("CBA") with the Miami-Dade County Police
Benevolent Association ("PBA"), representing the Lieutenants and Captains of the South Miami
Police Department, is an integral component of this effort; and
WHEREAS, the City Administration and the PBA entered into a new three year contract for
fiscal years 2015 -2018 which provided for a re-opener of Article 9 (Promotions&Demotions) of
the CBA concerning a probationary period; and
WHEREAS, the City Manager has approved of the amendment to Article 9 of the CBA; and
WHEREAS, the members of the upper unit of the PBA who are Lieutenants and Captains
have ratified the Memorandum of Understanding regarding Article 9 of the CBA.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The recitals set forth above are adopted by reference and made a part of this
resolution.
Section 2: The Memorandum of Understanding ("MOU") that is attached to this
resolution concerning the Lieutenants and Captains Collective Bargaining Agreement for Fiscal
Years 2015-2018 between the Miami-Dade County Police Benevolent Association and the City of
South Miami, is hereby approved and the City Manager is hereby authorized to execute the
MOU.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity ofthe remaining portions ofthis resolution.
Section 4: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this 20th day of March, 2018.
Pg.2 of Res. No. 059-18-15092
Commission Vote:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Gil:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
(dl South~iami CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT UYING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
Amount:
Account:
ATTACHMENTS:
The Honorable Mayor & Members of the City Commission
March 20, 2018 Agenda Item NO.:~ f Steven Alexander, City Manager
A Resolution approving and authorizing the City Manager to execute a
Memorandum of Understanding (MOU) concerning an amendment to
the current collective bargaining agreement (lieutenants and Captains)
between the Miami-Dade County Police· Benevolent Association and the
City of South Miami.
The City Administration and the PBA entered into a new three year
contract for the fiscal years 2015-2018 which provided for a re-opener of
Article 9 (Promotions & Demotions) of the Collective Bargaining
Agreement (CBA) concerning a probationary period. As part of this
reopener the City Manager has approved the amendment to Article 9
which has been ratified by the members of the upper unit of the PBA the
lieutenants and Captains.
The language in the MOU provides for a probationary year for all new
Captains and lieutenants and a "Just Cause" clause for cases of demotion
after the probationary period is complete.
This MOU will continue to allow the Mayor and City Commission to
provide the highest level of law enforcement services for the residents,
citizens, businesses and visitors of the City of South Miami, by providing a
healthy working environment for the Lieutenants and Captains who are
an Integral component of the Police Department.
N/A
N/A
Memorandum of Understanding
2015-2018 CBA Lieutenants & Captains
THE VOICE OF LAW ENFORCEMENT
DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
March 22, 2018
HAND DELIVERY
Steven Alexander, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl33143
Re: MOD -Article 9
Promotions, Removal & Seniority
Dear Mr. Alexander:
As discussed, enclosed please find two (2) originals of the clean version as well as the strike-
through version. I was unsure of which one the City would want to use, so we executed both
versions. Once you, Chief Landa and Mr. Pepe execute them please advice and I will be happy
to pick them up at your office.
Again, we want to thank you, Mr. Pepe and the Commission for your time and resolve reference
this matter. We, the PBA as well asthe supervisory unit members, really appreciate it.
Steadman Stahl, President· 10680 PBA Memorial Boulevard· (Northwest 25th Street) • Doral, Florida 33172-2108
Telephone: 305-593-0044' Fax: 305-593-1901 • e-mail:pba@dcpba.org • website: www.dcpba.org
MEMORANDUM OF UNDERSTANDING
ARTICLE 9 PROMOTIONS, REMOV AL AND SENIORITY
The City of South Miami ("the City"), the South Miami Police Department
("SMPD"), and the Dade County Police Benevolent Association ("PBA") hereby enter
into this Memorandum of Understanding reference Article 9 of the Collective Bargaining
Agreement between the City and the PBA ("the parties") Lieutenants and Captain s Units
regarding Promotions, removal and Seniority, and;
WHEREAS, the parties acknowledge that Article 9, Promotions, Removal and
Seniority of the current Collective Bargaining Agreement between the parties
(Lieutenants and Captains) sets forth the standard for promotions and removal of
employees in the classifications of Lieutenant or Captain, and;
WHEREAS, the parties previously negotiated a tentative provision concerning a
probationary period for at will appointments to the rank of Lieutenant and Captain and
allowed for re-opener of the Agreement in the event that the City Manager was willing to
approve and recommend the adoption of this provision to the City Commis.sion; and
WHEREAS, the City Manager desires to approve and recommend the adoption
of the amendment of Article 9 to the City Commission as set forth below, and to clarify
and to harmonize the existing language in Article 9; and
WHEREAS, pursuant to a reopener agreement the parties desire to complete this
revision as soon as possible;
NOW, THEREFORE, based on the mutual promises contained herein and other
good and valuable consideration the parties agree to modify Article 9, PROMOTIONS,
REMOV AL AND SENIORITY as follows:
1. Effective upon ratification, Article 9 shall read as follows:
ARTICLE 9. PROMOTIONS, REMOVAL AND SENIORITY
1. Employees in the ranks of Lieutenant and Captain, during their
first year following their appointment to such rank shall serve at the will
and pleasure of the Chief of Police. Accordingly, promotions to and
removal of employees from the ranks of Lieutenant and Captain for non-
disciplinary reasons during their first year following their appointment to
such rank shall remain within the sole discretion of the Chief of Police.
There shall be a one (1) year probationary period for Lieutenants and
_.
Captains. Such employees shall have no right of review or appeal,
concerning demotion during the probationary period. After the
probationary period is complete (one year from the date of appointment)
demotions shall be appealable through the grievance procedure to
determine if just cause existed for the demotion.
2. In the event of such removal, the employee will revert to his/her
last tested rank and will be credited with the seniority accrued as a
Lieutenant or Captain.
2. The terms as listed above are only applicable as to Article 9 of the Collective
Bargaining Agreement between the parties and shall not change and/or alter any
other part of said Article and/or any other Article of the Collective Bargaining
Agreement (Lieutenants and Captains) which remains in full force and effect.
3. The South Miami Police Department agrees to impose and enforce the above
mentioned terms and conditions of Article 9, reference the promotions and
removal of Lieutenants and Captains.
4. This Memorandum of Understanding shall be effective upon the execution of the
agreement by all pru.1ies listed below and shall continue in effect as part of the
CUlTent Collective Bargaining Agreement.
.-Y) .. 1
This Agreement signed tlus c!l7 day of ,; J\ti1...eUC
~;~r$--V'
, 2018.
Steadman Stahl . Stevely\.'Jexander, City Manager
/=-~~ ~~
Assistant General Counsel
2
MEMORANDUM OF UNDERSTANDING
ARTICLE 9 PROMOTIONS, REMOVAL AND SENIORITY
The City of South Miami ("the City"), the South Miami Police Department
("SMPD"), and the Dade County Police Benevolent Association ("PBA") hereby enter
into this Memorandum of Understanding reference Article 9 of the Collective Bargaining
Agreement between the City and the PBA ("the parties") Lieutenants and Captain s Units
regarding Promotions, removal and Seniority, and;
WHEREAS, the parties acknowledge that Article 9, Promotions, Removal and
Seniority of the current Collective Bargaining Agreement between the parties
(Lieutenants and Captains) sets forth the standard for promotions and removal of
employees in the classifications of Lieutenant or Captain, and;
WHEREAS the parties previously negotiated a tentative provision concerning a
probationary period for at will appointments to the rank of Lieutenant and Captain and
allowed for re-opener of the Agreement in the event that the City manager was willing to
approve and recommend the adoption of this provision to the City Commission; and
WHEREAS, the City Manager desires to approve and recommend the adoption of
the amendment of Article 9 to the City Commission as set forth below, and to clarify and
to halmonize the existing language in Article 9; and
WHEREAS pursuant to a reopener agreement the parties desire to complete this
revision as soon as possible;
NOW, THEREFORE, based on the mutual promises contained herein and other
good and valuable consideration the parties agree to modify Aliic1e 9, PROMOTIONS,
REMOVAL AND SENIORITY as follows:
1. Effective upon ratification, Article 9 shall read as follows:
ARTICLE 9. PROMOTIONS, REMOVAL AND SENIORITY
1. Employees in the ranks of Lieutenant and Captain, during their first year
following their appointment to such rank shall serve at the will and pleasure of the
Chief of Police. Accordingly, promotions to and removal of employees from the
ranks of Lieutenant and Captain for non-disciplinary reasons during their first
year following their appointment to such rank shall remain within the sole
discretion of the Chief of Police. The paI'ties agree to re opefl this A"tiele withifl
twelve (12) to fifteen (15) months ofratificatiofl for the purpose of discussing the
implementation of There shall be a one (1) year probationary period for
Lieutenants and Captains. Such employees shall have no right to utili~e the
proeedures of the Persoaftel SoaRi, aor ha .... e any other right of review or appeal,
concerning demotion during the probationary period. After the probationary
period is complete (one year from the date of appointment) demotions shall be
appealable through the grievance procedure to determine if just cause existed for
the demotion.
2. In the event of such removal, the employee will revert to his/her last tested
rank: and will be credited with the seniority accrued as a Lieutenant or Captain.
2. The terms as listed above are only applicable as to Article 9 of the Collective
Bargaining Agreement between the parties and shall not change and/or alter any
other part of said Article andlor any other Article of the Collective Bargaining
Agreement (Lieutenants and Captains) which remains in full force and effect.
3. The South Miami Police Department agrees to impose and enforce the above
mentioned terms and conditions of Article 9, reference the promotions and
removal of Lieutenants and Captains.
+. This Memorandum of Understanding shall be effective upon the execution of the
agreement by all parties listed below and shall continue in effect as part of the
current Collective Bargaining Agreement. earil -modified thoegh fl:H'ther
aegotiations.
This Agreement signed this a 7 day of ~ , 2018.
For the Dade County Police -~soc;t:;)j
Steadman Stahl
~wn ___ i: __________ _
steVel1AieXaIldanager
~~
Assistant General Counsel