24THE CITY OF plEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
Amount:
Account:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
!NTER-OFF!CE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
March 20, 2018
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
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RESOLUTION NO.: _______ _
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 ofthe 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 ofthe 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 of the remaining portions of this resolution.
Section 4: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this __ day of ____ , 2018.
35 ATTEST: Approved:
36
37
38 CITY CLERK MAYOR
39
40 READ AND APPROVED AS TO FORM Commission Vote:
41 LANGUAGE, EXECUTION AND Mayor Stoddard:
42 LEGALITY: Vice Mayor Harris:
43 Commissioner Gil:
44 Commissioner Liebman:
45 Commissioner Welsh:
46 CITY ATTORNEY
..1 t-em !'(P,:Lif
8 Clcie1'
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 as to 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.
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 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,
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 f3aFties 8gFee to Fe Of3eR tkis Artisle witkiR twelve (12) to fifteeR (15)
metHhs ef FatifieatieR fer the pHrpese ef diseHssisg tRe implemeRtatieR ef
There shall be a one (l) year probationary period for Lieutenants and
Captains. Such employees shall have no right te HtiHil:e the preeec4Hres ef
tRe PersellRel Beard, Rer Rave asy etRer 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 hislher
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 or part 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 parties listed below and shall continue in effect as part of the
current Collective Bargaining Agreement. HAtH medified tbeHgR fI:tr.her
RegetiatieRs.
This Agreement signed this ___ day of _________ :, 2018.
For the Dade County Police
Benevolent Association:
Steadman Stahl
President
For the City of South Miami:
Steven Alexander, City Manager
Cristina Escobar Rene Landa, Chief of Police
Assistant General Counsel
Thomas Pepe, Esq. City Attorney
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