Res No 028-22-15781RESOlUTION NO. 028-22-15781
A resolution approving and authorizing the City Manager to execute a three-year
collective bargaining agreement (Officers and Sergeants) between the Florida State
Lodge, Fraternal Order of Police, Inc. (FOP) 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, busine sses and visitors of the
City of South Miami; and
WHEREAS, a Collective Bargaining Agreement with the Fraternal Order of Police, Inc. (FOP), the
union representing the Officers and Sergeants of the South Miami Police Department, is an integral
component of this effort; and
WHEREAS, the City Administration and the FOP have successfully concluded negotiations for the
period on a new three-year contract upon execution, which achieves these objectives; and
WHEREAS, the Officers and Sergeants have ratified the proposed agreement.
NOW, THEREFORE, BE IT RESOlVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1: The Collective Bargaining Agreement for the three -yea r agreement upon execution
between the Fraternal Order of Police, Inc. and the City of South Miami is hereby ratified and the City
Manager is authorized to execute the Agreement. A copy of the Agreement is attached hereto and made
a part hereof by reference.
Section 2. Severability. 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 thi s re solution.
Section 3. Effective Date. This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 1st day of March, 2022.
ATIEST:
CITY CLfuK a
READ AND APPROVED AS TO FORM Commission Vote:
Mayor Philips:
5-0
Yea
Commissioner Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: March 1, 2022
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution approving and authorizing the City Manager to execute a three-year collective bargaining
agreement (Officers and Sergeants) between the Florida State Lodge, Fraternal Order of Police, Inc. (FOP) and
the City of South Miami. 3/5 (City Manager)
Suggested Action:
Attachments:
Memo_re_Resolution_approving_FOP_Agreement_2022 (1).doc
Final Resolution Ratifying CBA with FOP 2021-2024.docx
FOP Ratification Confirmation.pdf
Contract Showing Edits
FOP Clean 2022-2024.pdf
MH Ad.pdf
MDBR Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:The Honorable Mayor & Members of the City Commission
From:Shari Kamali, City Manager
Date:March 1, 2022
A Resolution approving and authorizing the City Manager to execute a three-year
collective bargaining agreement (Officers and Sergeants) between the Florida State
Lodge, Fraternal Order of Police, Inc. (FOP) and the City of South Miami.
Background:This Agreement covers the Police Officers and Sergeants of the City of South Miami Police
Department. A total of 38 Police Officers and 6 Sergeants make up the composition of the
membership. The parties were able to reach agreement on the terms and conditions of a
three-year Collective Bargaining Agreement, effective upon execution.
Compensation
Article 28 addresses Compensation and provides that each Officer and Sergeant will
receive a merit pay increase of 2.5% on their anniversary as well as a Cost-of-Living
Adjustment (COLA)every year on October 1st based on the CPI average. The COLA
increase will be no less than 2% and no more than 6% in any given year.
Fiscal Impact to City
The estimated annual cost is set forth below:
Please NOTE: The above calculations are an estimate and can change depending on the
timing of certain events, new actuarial impact projections provided by the pension
actuary, the annual average of cost-of-living percentage, and any tax changes which occur
at the federal level.
BENEFIT FY 21-22 @ 3%
FY 22-23 @
4.4%FY 23-24 @ 4%
COLA Increase
102,594
158,860
154,542
Merit Increase
51,376
91,662 97,862
TOTAL
153,970
250,522
252,404
2
Request:
To approve a three (3) year agreement between the Florida State Lodge, Fraternal Order
of Police Inc. (FOP) Collective Bargaining Union (Police Officers & Sergeants) and the City
of South Miami.
Backup Documentation:
Proposed resolution.
E-mail from FOP President confirming ratification.
Proposed Collective Bargaining Agreement for 2021 through 2024 Edited
and clean versions
3
6
Fraga-Lopez, Samantha
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Jose Lopez <JLOPEZ@southmiamipdfl.gov>
Wednesday, February 16, 2022 2:56 PM
Fraga-Lopez, Samantha
RE: FOP
Follow up
Flagged
EMAIL RECEIVED FROM EXTERNAL SOURCE
The contract passed unanimously. We are ready to go.
Sent via the Samsung Galaxy 520 FE SG, an AT&T SG smartphone
--------Original message --------
From: "Fraga-Lopez, Samantha" <SFraga-Lopez@southmiamifl.gov>
Date: 2/15/224:14 PM (GMT-05:00)
To: Jose Lopez <JLOPEZ@southmiamipdfl.gov>
Subject : RE: FOP
PREAMBLE
This Agreement is entered into by the City of South Miami, Florida, hereinafter referred to as
the "Employer" or the "City" and the Florida State Lodge, Fraternal Order of Police Inc.,
hereinafter referred to as the "FOP" or "Union", for the purpose of promoting harmonious
relations between the Employer and the FOP, to establish an orderly and prompt procedure
for the resolution of grievances, to insure continuation of normal activities and Departmental
operations, to settle differences which might arise and to set forth the basic and full
Agreement between the parties concerning rates of pay, wages, hours of work and all other
conditions of employment.
Definitions:
"11:59 p.m." means 23:59:59.99 hours in a 24 hour clock.
"12:00 a.m." means 00:00:00:99 hours in a 24 hour clock.
"12:00 p.m ." means 12:01:59.99 hours in a 24 hour clock
"Bi-weekly" mean every two weeks.
"Department" means the South Miami Police Department.
"Officers" or "'Police Officers" whether plural or singular, as used in this Agreement means
the rank of Police Officer, and Police Sergeant, including probationary employees, but
excluding the Chief of Police, Assistant Chief, Majors, Police Captain, Police Lieutenants, any
bargaining unit member during his assignment to "Internal Affairs" and all other employees
ofthe City of South Miami.
"Parties" mean the City and the FOP .
"Workweek" means a 7 day period ('week") commencing at 00:00:00 hours (or 12:00 a.m.)
on Monday and ending at 23:59:59.99 hours ("11:59: p.m.") midnight on Sunday of each
week.
ARTICLE 1. RECOGNITION
The Employer hereby recognizes the FOP, as the collective bargaining agent for all permanent
full-time. and probationary sworn police personnel in the classifications of police officer and
police sergeant. However, the FOP is not the collective bargaining agent for sergeants while
assigned to internal affairs.
1
ARTICLE 2. NON-DISCRIMINATION
There shall be no discrimination, interference, restraint, or coercion by the Employer or the
FOP against any employee because of FOP membership or non-membership, or because of
race, creed, color, age, sex, religion, marital status, sexual orientation, disability and national
origin. All references to employees in this Agreement shall apply to both sexes and wherever
the male gender is used, it shall be construed to include male and female employees and vice
versa.
ARTICLE 3. DUES CHECK-OFF
1. Any member of the FOP, who has submitted a properly executed dues authorization card or
written statement to the City Manager, or the Manager's designee, in accordance with a
format prescribed or approved by the City, may, by request in writing, have their membership
dues in the FOP deducted from their wages. Dues shall be deducted each bi-weekly pay
period, and shall, thereafter, be transmitted to the FOP. However, the City shall have no
responsibility or any liability for any monies once sent to the FOP, nor shall the City have any
responsibility or any liability for the improper deduction of dues. Furthermore, the FOP shall
hold the City harmless for non-intentional errors in the administration of the dues deduction
system. The City shall send all dues to:
Fraternal Order of Police-Florida State Lodge
242 Office Plaza
Tallahassee, FL 32301
2. It shall be the responsibility of the FOP to notify the City Manager, or the Manager's designee,
of any change in the amount of dues to be deducted at least thirty (30) working days in
advance of said change. Under no circumstances shall the City be required to deduct FOP
fines, penalties, or assessments from the wages of any member.
3. Any member of the FOP may, on thirty (30) calendar day's written notice to the City and the
FOP, request that the City cease deducting dues from his wages.
ARTICLE 4. FOP BOARD OF DIRECTORS REPRESENTATIVES
1. The FOP shall notify the Chief of Police of the names of all members of the FOP Board of
Directors, the commencement date and length of their term of office, any changes made to
the membership of the FOP Board of Directors and any change to a director's term of office,
within 3 working days of the election or appointment to the FOP Board of Directors or any
other change in the information required to be given to the Chief of Police. Two members, of
the FOP, while on duty, shall be allowed to attend collective bargaining sessions between the
City and the FOP, as FOP representatives. FOP representatives who attend a collective
bargaining session shall be paid for such attendance unless they are off duty during a
bargaining session and in such case, they shall not be entitled to any compensation for their
attendance at said bargaining session. All bargaining sessions shall be set by mutual
2
agreement between the parties. The FOP shall notify the City prior to negotiation of the
names of the members attending as FOP representatives, provided however this attendance
must be approved by the Chief of Police or the Chief's designee.
2. FOP Directors, while on duty, shall be allowed to attend the City of South Miami FOP Lodge
#179 Board of Directors meeting once per quarter without loss of payor leave time for the
duration of the meeting, unless the staffing needs of the Department prevent such
attendance. All attendance of a Director while on duty shall require the prior approval of the
Chief of Police or the Chief's designee. The FOP shall provide dates and times on a quarterly
basis and at least 30 working days prior to the board meeting to help facilitate staff
scheduling. Board Directors will not be allowed to attend meetings outside City limits while
on-duty. If a Director is on duty, his attendance shall not exceed 2 hours total.
ARTICLE 5. SERVICES TO THE FOP
1. The City will furnish the FOP with a copy ofthe Police Department's Rules and Regulations at
or before the execution ofthis Agreement and within 48 hours oftheir modification.
2. The City will provide a mailbox for each employee for use by the City and the FOP to distribute
mail and other communication. The aforesaid mailboxes shall only be used by the FOP for the
purpose oftransmitting material relative to issues concerning this Agreement. The mailboxes
shall not be used to disseminate anything relating to any kind of political issue or for the
purpose of communicating material that tends to disparage any elected or appointed official,
and/or any employee of the City, whether directly or indirectly.
3. Upon written request from the FOP to the City Manager, the City will provide, on a
semiannual basis, a complete roster of the bargaining unit, including name, rank, and current
pay scale of each member of the bargaining unit.
4. All bargaining unit employees, including representatives and members of the FOP shall not
engage in Union business while on-duty, or while on any City property, or while operating or
being in any City vehicle or any other City property unless otherwise specifically permitted by
this Agreement, including paragraph two of this article.
5. Any action taken by the City Manager or Manager's designee concerning the solicitation of
City employees for membership in a collective bargaining unit including, signing up of
members, collection of initiation fees, dues or assessments, meetings, distribution of
bargaining unit or affiliated bargaining unit literature or any other business activity of the
bargaining unit on City time and during the working hours of City employees, or on any City
property, or in City vehicles or any other City property shall not be a grieveable offense.
3
6. Create a donation-based leave bank, where, once a year, Officers and 'Sergeants donate hours
to be used by Board Members for official leave.
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 upon written request through their chain of
command both of which shall occur during normal business hours under the supervision of
the respective records custodian or the custodian's designee. Employees shall not be
compensated should said inspection occur outside employee's regular duty hours. The
employee shall have the right to have duplicate copies of any items in their official files
created for them, upon payment of the usual charge thereof.
2. Employees covered by this Agreement shall receive copies of any item that is placed in the
employee's official personnel file. Employees covered by this Agreement shall also have the
right to add written responses to any such item that is placed in the employee's official
personnel file. All written responses to such items shall be sent to the Chief of Police via chain
of command not more than ten (10) working days following the day of receipt of such items
by the employee. Written responses shall strictly parallel the item(s) of concern. Any refusal
to sign any document shall be document'ed on all copies by the issuing officer (Le, "Employee
Refused to Sign"); however, no retaliatory or disciplinary action shall be taken against any
employee who refuses to sign such a document.
3. To the extent permitted by law, all personnel records of the employees shall be kept
confidential and shall not be released to any person except, authorized officials of the City,
or in response to a subpoena from a court of competent jurisdiction, or upon written
authorization from the employee. In this regard, the FOP recognizes the City's obligation to
comply with Chapter 119, Florida Statutes.
4. At no time shall the news media be directly furnished with the home address or home
telephone number of any employee or his relatives without the express written consent of
the employee.
5. The City shall purge, upon written request from the employee covered by this Agreement, all
records of counseling/coaching and oral warnings from the employees' personnel files after
one (1) full year of service during which the employee does not receive further counseling or
oral warnings of a similar nature. The City may also purge such records as authorized by
Florida State Statute, Title X, Chapter 119 and Title XVIII, Chapter 257.36. Such documents
shall be kept in a separate file until they are purged.
ARTICLE 7. INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC
1. The parties recognize that the security of the City and its citizens depends to a great extent
upon the manner in which the employees covered by this Agreement perform their various
4
duties. Furthermore, the parties recognize that the performance of such duties requires the
involvement of those employees in all manner of contacts and relationships with the public
and out of such contacts and relationships, questions may arise, or complaints may be made
concerning the actions of employees covered by this Agreement. Investigation of such
questions and complaints must necessarily be conducted by, or under the direction of,
departmental supervisory officials whose primary concern must be the security of the City
and the preservation of the public interest and trust.
2. In order to maintain the security of the City and protect the interests and trust of its citizens,
the parties agree that the City must have the unrestricted right to conduct investigations of
citizens' complaints and matters of internal security; provided, however, that any
investigative interrogation of an employee covered by this Agreement relative to a citizen's
complaint and/or matter of internal security shall be conducted utilizing FS 112.532.
3. An employee, who is criminally charged in any jurisdiction with a felony or a serious
misdemeanor including but not limited to, DUI, lewd and lascivious conduct, indecent
exposure or perjury may, upon review of the circumstances by the Chief of Police, be relieved
of duty without pay and benefits. If exonerated, employee shall be compensated for back
pay and benefits retroactive to the date the employee was relieved from duty without pay.
Any employee placed on leave without pay shall remain on the City's Employee Census but
shall be responsible for the full cost of health insurance premiums, during the relief from
duty period.
4 . Should disciplinary action result from an internal investigation, an employee may, at the
option of the Chief of Police, be allowed to use vacation leave to satisfy a suspension which
is for five (5) days or less.
ARTICLE 8. SHIFTS
1. Seniority shall consist of continuous accumulated paid service in a police classification.
Seniority shall be computed from the date of appointment to the police classification and
shall accumulate during paid absences because of illness, injury, vacation, military or other
authorized compensated leave. In the event bargaining unit employees have the same
seniority by classification, seniority shall then be determined as set forth in paragraph 4. c.
below.
2. Non-probationary patrol officers and sergeants shall bid (semi-annually) for their choice of
shift assignments and days off. Days off shall not be bid until shift assignments are set,
including the Chiefs mandatory assignments, if any. The determining factor in said bid process
shall be each employee's seniority as defined in paragraph 4. c. below. In order to meet
Department operational needs, the Chief may, at his discretion, make no more than two
specific assignments to each shift (during the semi-annual bid process). The Chief's
assignment of six officers in total is without regard to seniority and appealable only to the City
Manager.
5
3. A seniority list by shift and work assignment shall be established and shall be utilized when
the Department calls in, or holds over, personnel, except in emergency or unusual situations.
4. The parties understand and agree that Seniority for the purposes of this Agreement, unless
otherwise stated shall be determined within each rank for employees covered by this
Agreement. Additionally, notwithstanding the above, the following shall be adhered to for
purposes of determining seniority as follows:
a. Seniority within Sergeant's Rank shall be determined by date of promotion to
that rank. In case of ties, the same procedure outlined in paragraph c. shall be utilized.
b. Seniority within a Specialized Unit shall be determined by length of assignment
within that specific specialized unit (CID, Motors, K-9) and solely within that
specialized unit, and such specialized unit seniority has preference and precedence
over departmental seniority. In case of ties, the same procedure outlined in
paragraph 4.c. shall be utilized.
c. Departmental Seniority shall consist of continuous accumulated service within
the City of South Miami Police Department. Departmental Seniority shall be
computed from the date of taking the Police Officer's Oath with the City of South
Miami. Where two or more officers take the oath on same date, the drawing of lots
shall determine which officer is senior to the other.
5. Vacancies in specialized units shall be filled by permanent employees in all cases unless no
permanent employee can demonstrate the experience or the best potential to properly
function in such assignment. Should no permanent employee demonstrate said capacity,
probationary employees may be considered. Assignment determinations shall be made by
the chief of police based on the recommendations of a selection panel appointed by the chief
and such assignment determinations are not grieveable.
6. In the event of a layoff for any reason, employees shall be laid off in the inverse order of their
seniority in their classification. Any employee to be laid off who has advanced to his present
classification from a lower classification in which he held a permanent appointment, shall, to
the extent approved by the Chief of Police and upon the employee's written request, be given
a position in a lower classification in the same Department. Such employee's seniority in the
lower classification shall be established according to the date of the employee's permanent
appointment to that classification. Employees shall be called back from layoffs according to
the seniority in the classification from which the employee was laid off. No new employee
shall be hired in any classification until all applicable employees on lay-off status in that
classification for which they are qualified, have had an opportunity to return to work. Written
notice of recall shall be sent by certified mail to the employee's last known address, as long
as the employee is still qualified to be an Officer. Recalled employees shall notify the
Employer if they desire to return to work within ten (10) calendar days of receipt of recall
6
notice, and must return to work within twenty-one (21) calendar days from receipt of recall
notice. An employee will be kept on the callback list for two (2) years.
7. Upon application to the Chief of Police, or the Chief's designee, and his approval, employees
may exchange shifts, provided that:
a. The shift exchange is between employees of like rank and experience .
b . The shift exchange is requested in writing at least ten (10) working days in advance
by both employees involved in the exchange.
8 . When a vacancy occurs on a patrol shift, the entire shift shall re-bid days off no later than two
weeks after the vacancy has been filled. This provision shall apply only to the shift on which
the vacancy occurs and not to any other shifts. This re-bidding provision also does not apply
should the Chief of Police approve an exchange of shifts as provided for in paragraph 60fthis
Article and shall not apply if the vacancy is filled within one (1) month of the next shift/days
off picked.
9. The Department shall not modify, alter, adjust or otherwise change an employee's shift in
order to avoid the payment of overtime for the purpose of staffing the following pre-planned
City special events:
• Santa's Elves Parade
• Fourth of July
• Martin Luther King Parade
• Safe Streets Halloween
10. The chief retains the right to transfer employees from shift to shift to meet arising operational
needs. After a transfer between shifts, days off will be re-bid if the new assignee is junior to
others on that shift. The rebidding of the shift shall only be applicable during the first thirty
days of each semiannual shift change. Shift transfers are appealable via the chain of command
to the chief of police. Den ial of a shift transfer appeal shall be given in writing with the specific
departmental needs identified. Such transfers are not grievable to the city manager.
ARTICLE 9. VEHICLES AND SAFETY EQUIPMENT
1. The City will make a good-faith and energetic 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
malfunctioning equipment to their Supervisor, but no later than the end of their shift.
7
Employees shall keep the vehicles cleaned and fully fueled at the start of their shift. It is the
responsibility of Officers with assigned take-home vehicles to promptly deliver their vehicle
to the Motor Pool or dealership as appropriate, when repairs are necessary or for scheduled
preventative maintenance.
2. The .City shalt insofar as possible, equip its marked patrol vehicles with the appropriate
lights, siren, first-aid kit, emergency road flares, yellow crime scene tape and fire
extinguishers .
3. The City shall furnish riot gear (torso, shoulder, leg and knee, forearm, and gloves) and
helmets, riot shields (if applicable) and gas masks individually to all uniformed Officers and
Sergeants as necessary. The City shall furnish one flashlight and firearm (of the design
approved by the Chief of Police) along with the appropriate amount of ammunition for the
authorized and issued firearm to each sworn Law Enforcement Officer covered under this
Agreement.
4. Employees agree to be bound by and abide by the Take Home/ASSigned Vehicle Policy, as
may be revised by the Chief of Police from time to time, The City shall provide the FOP with
two (2) weeks advance notice of any modifications to the aforesaid Take-Home Vehicle
Policy which become effective after the ratification of this Agreement.
5. Upon ratification of this Agreement, sworn Law Enforcement Officers covered under this
Agreement shall be responsible for the timely changing of motor oil and vehicle filters which
shall be done at the City of South Miami Motor Pool Public Works Department. Failure to do
so on a timely basis will be a violation of this Agreement and the subject of potential
disciplinary action. Employees having a take home vehicle shall pay the City twenty five
dollars for each scheduled oil change. Employees will not be compensated for any time
incurred with a scheduled oil changes and/or maintenance conducted while the employee
is off-duty.
6. The bargaining unit member must submit a copy of the receipt detailing the vehicle license
plate number, the make and model of the police vehicle, the name of the driver, and the
date of the motor oil change, and the name, address of the establishment performing the
work. Each bargaining unit member must retain a copy of the receipt for a period of three
years and must make it available upon request by the Chief of Police or the Chief's designee.
ARTICLE 10. PROMOTIONS
1. Employees shall be eligible to take a promotional examination after three continuous years
of service as a Police Officer in the South Miami Police Department.
8
2. Promotional examinations shall be in accordance with validation standards and techniques
as established by the Chief of Police. Criteria to be used by the Chief of Police for promotions
shall be promulgated and distributed to the bargaining unit at least forty-five
(45) Calendar days prior to any examination.
3. The City will list the areas which the examinations will cover and the sources from which the
examination is drawn. At the conclusion of the examination, the names of all those
employees who passed the examination shall be put onto a promotional eligibility list.
4. Whenever a budgeted promotional vacancy exists in a Police Sergeant classification, the City
shall fill such vacancy within thirty (30) working days from an existing eligibility list, to the
extent practicable, if a valid eligibility list is in existence. A promotional eligibility list will
expire two (2) years from the date of the examination, which led to its creation.
5. The probationary period of employees promoted to Sergeant shall be one (1) year. An
employee promoted to Sergeant and then demoted within the probationary period shall
have no right of review or appeal, concerning such demotion.
6. The Chief of Police will have authority to promote any ofthe three (3) top ranked candidates
on the eligibility list.
ARTICLE 11. TRAINING
1. The City will provide midnight shift law enforcement officers covered by this Agreement,
administrative leave for the last four (4) hours of their regular duty for weapons training if
the training is approved by the Chief of Police and the training is within four (4) hours of the
end of their tour of duty for that work week.
2. The City will provide each employee a copy of training bulletins. Additionally, the City will
promptly post in a prominent place and/or disseminate via email, City training bulletins as
well as approved training advertisements.
3. The City agrees to pay for certain courses. The City agrees to provide at least forty (40) hours
of training every four years to meet Florida statutory certification requirements. The City
may provide additional training at its discretion.
4. The City shall have the right to change or alter work when scheduling training. To the extent
practicable, the City shall give forty-eight (48) hour-notice to employees of such off-duty
training.
5. The City shall provide weapons training for all employees at least once annually. This training
is in addition to the training provided under paragraph 3. Upon qualification and a
9
demonstration of proficiency, employees shall be permitted to carry, on duty,
semiautomatic weapons which have been approved by the Department in accordance with
Article 30. The Department will make every reasonable effort to facilitate the attendance at
the firearm range during an employee's normal working hours. In the event the Department
is unable to schedule the employee to attend the firing range during his normal working
hours, the employee may be required to attend the firing range during his off-duty hours.
The City agrees to provide ammunition for firearms training.
ARTICLE 12. GRIEVANCE AND ARBITRATION PROCEDURE
1. In a mutual effort to provide a harmonious working relationship between the
parties to this Agreement, it is agreed and understood that there shall be a
procedure for the resolution of grievances between the parties. For the purpose
of this Article, a grievance is defined as, any dispute, difference or controversy
involving the interpretation and application of this Agreement.
2. Any formal grievance filed shall be done utilizing the Grievance Routing Form and
shall cite the provisions of the Agreement (Le., article & section) alleged to have
been violated and shall set forth the facts pertaining to the alleged violation(s).
Grievances shall be submitted for disciplinary issues when the final decision and
employees' final signature are obtained on the disciplinary form.
3. Every effort will be made by the parties to settle any grievance as expeditiously as
possible. Should the grieving party fail to observe the time limits as set out in the
steps of the applicable Article, the grievance shall be considered conclusively
abandoned. Any grievance not timely responded to by management within the
prescribed time limits shall automatically advance to the next higher step.
4. Grievances shall be presented in the following manner:
STEP 1: The grieving employee shall submit their grievance within ten (10) working days of
the occurrence or upon final signature of any disciplinary action to the appropriate Bureau
Commander within that employee's chain of command. The Bureau Commander has ten (10)
working days to respond in writing to the grieving employee utilizing the Grievance Routing
Form of their decision. If the Bureau Commander initiated the action which led to the
grievance, the grieving employee shall start at step 2.
STEP 2: Ifthe Bureau Commander initiated the actions that led to the grievance, the grieving
employee shall submit their grievance to the Assistant Chief or alternate Police Administrator
as designated by the Chief of Police, within ten (10) working days of its occurrence. If the
grievance was initiated at Step 1, and was not resolved to the employee's satisfaction, the
employee must submit their grievance to the Assistant Chief or alternate Police Administrator
10
within ten (10) working days of the final signature of any disciplinary action The Assistant
Chief or designee has 10 working days to respond in writing to the grieving employee utilizing
the Grievance Routing Form for their decision.
STEP 3: Any grievance which cannot be satisfactorily settled with the appropriate
supervisor in Step 2 shall next be taken up with the Chief of Police, or the Chief's
designee, either by the employee himself, or through a representative of the FOP,
at the employee's option. The grievance as specified in writing in Step 2 shall be
discussed by and between the employee (or the representative of the FOP and the
employee) and the Chief of Police or the Chief's designee, within ten (10) working
days after the completion of Step 2. The Chief of Police, or the Chief's designee,
shall within ten (10) working days after the discussion (or such longer period as is
mutually agreed upon), render a decision in writing and deliver a copy to the FOP
and the grievant.
STEP 4: In the event the employee is not satisfied with the disposition of the
grievance in Step 3, he shall have the right to appeal the decision of the Chief of
Police, or the Chief's designee, to the City Manager, or the Manager's designee,
within ten (10) working days of the date of issuance of the decision of the Chief of
Police or the Chief's designee. Such appeal must be made by delivering a copy of
the original written grievance, to the City Manager with a copy to the Chief of
Police, together with a letter, signed by the employee, or the representative of the
FOP, requesting that the decision of the Chief of Police, or the Chief's designee, be
reversed or modified ("Notice of Appeal"). The City Manager, or the Manager's
designee, shall meet with the employee and/or the FOP representative within ten
(10) working days of receipt of the Notice of Appeal. The City Manager, or the
Manager's designee, shall, within fifteen (15) working days of the receipt of the
Notice of Appea I (or such longer_period as is mutua lIy agreed upon) render a
decision in writing and deliver a copy to the FOP and the grievant.
5. Where a grievance is general in nature, in that it applies to a number of
employees rather than a single employee ("Class Grievance"), or if the
grievance is directly between the FOP and the Department or the City ("FOP
Grievance")' such grievance shall be presented in writing directly to the Chief
of Police within ten (10) working days of the occurrence of the event(s) that
gave rise to the grievance. The Class Grievance shall be signed by the aggrieved
em ployees and the Representative of the FOP. Thereafter, the grievance shall
be processed in accordance with the procedures set forth in Step 3 and Step 4.
6. If the grievance involves discharge, suspension or demotion of the employee,
such grievance shall be filed at Step 4 within ten (10) working days from the
date that the employee receives the "Final Discipline Notice". The Final
Discipline Notice is the disciplinary report or memorandum signed by the Chief
of Police or the Chief's designee, containing his recommendation for
11
disciplinary action against the employee.
7. Coaching and counseling shall be filed at_the appropriate initiation level and
shall only be grieveable up to Step 3 of the Grievance Procedure. Written
reprimands shall be filed at the appropriate initiation level and shall only be
grievable to Step 4 of the Grievance Procedure. Therefore, such action shall not
be the subject of arbitration. Satisfactory evaluations are not grieveable and,
therefore, they shall not be the subject of arbitration; however, the employee
may forward his or her comments regarding such evaluation through the chain
of command prior to the Reviewer's finalization of the evaluation. In addition,
matters relating to the assignment, hiring, promotion, or demotion of
probationary employees, as well as any decision by the City Manager on any
matter not involving loss of pay shall be final and binding and not be the subject
of any arbitration.
8. !f a grievance that has advanced to Step 4 has not been resolved, the grievant
may demand arbitration of the grievance if it is arbitral. The demand for
arbitration shall be delivered to the City Manager within fifteen (15) working
days after the City Manager, or the Manager's designee, renders a written
decision on the grievance. All other matters not deemed grievable or arbitral
or other matters that have been deemed by this Agreement to not be the
subject of arbitration, including those relating to the assignment, hiring,
promotion, or demotion of probationary employees, as well as any decision by
the City Manager on any matter of discipline not involving loss of pay shall be
final and binding and not be the subject of any arbitration The parties shall
attempt to mutually select an impartial arbitrator within ten (10) days after a
demand for arbitration has been made pursuant to this Article. The arbitrator
shall be any impartial person mutually agreed upon by and between the parties .
However, in the event the parties are unable to agree upon said impartial
arbitrator within fifteen (15) days of the demand for arbitration, the grievant
must file his grievance with the Federal Mediation and Conciliation Service
(FMCS) within twenty (20) working days of the delivery of the demand for
arbitration and shall request a panel of five (5) names The parties shall make
their choice ofthe impartial arbitrator by alternately rank ordering the panel of
arbitrators (i.e. 1-7 with 1 being the most acceptable and 7 being the least
acceptable) within seven (7) working days after receipt of the panel from FMCS.
The parties may, by written mutual agreement, extend the time frame for rank
ordering the panel of arbitrators. Copies of the arbitrator's award made in
accordance with the jurisdiction and authority under this Agreement shall be
furnished to both parties within thirty (30) working days of the close of the
arbitration hearing. The arbitrator's award shall be final and binding on the
parties. Either party may reject up to two (2) arbitration panels in any given
case.
12
9. The City and employee, or the FOP with the written consent of the aggrieved
employee shall mutually agree in writing as to the statement of the grievance
to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter,
shall confine his decision to the grievance thus specified. In the event the
parties fail to agree on the statement of the grievance to be submitted to the
arbitrator, the arbitrator will confine his consideration and determination to
the written statement of the grievance presented in Step 2 of the grievance
procedure. The arbitrator shall have no authority to change, amend, add to,
subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The arbitrator shall have no authority to
consider or rule upon any matter which is stated in this Agreement not to be
subject to arbitration or which is not a grievance as defined in this Agreement;
nor shall this collective bargaining Agreement be construed by the arbitrator to
supersede applicable laws in existence at the time of signing of this Agreement,
except to the extent as specifically provided herein. The arbitrator shall not
have the power or authority to interpret the unambiguous provisions of this
Agreement.
10. Each party shall bear the expense of its own witnesses and of its own
representatives for purposes of the arbitration hearing. The impartial
arbitrator's fee and related expenses and expenses of obtaining a hearing
room, if any, shall be equally divided between the parties. Any party desiring a
transcript of the hearing shall bear the cost of such transcript unless both
parties mutually agree to share the said cost.
ARTICLE 13. HOLIDAYS
(a) The following paid holidays shall be granted under the following conditions:
i. January 1 New Year's Day
i i. 3rd Monday of January Martin Luther King's Birthday
iii. 3rd Monday of February President's Day
iv. 4th Monday of May Memorial Day
v. June 19th
vi. July 4 Independence Day
vii. 1st Monday of September Labor Day
13
viii. Columbus Day
ix. November 9 Veteran's Day
x. Last Thursday in November Thanksgiving Day
xi. Friday after Thanksgiving
xii. December 24 Christmas Eve
xiii. December 25 Christmas Day
2. When a holiday falls on the regularly assigned day off for an employee, such employee shall
receive, at the employee's option, an additional day's pay at their straight-time rate of pay, or
compensatory time at their straight-time rate of pay.
3 . Birthday and two floating holidays will be credited to the employee after 1 year of continuous
service and shall only be taken as leave time.
4. Upon ratification ofthis Agreement, holidays will be observed on the actual day it falls on.
ARTICLE 14. SICK LEAVE
1. Sick leave shall be granted to employees for absence for the following conditions:
(a) Personal illness or physical disability resulting in the incapacity of the employee
to perform the regular duties of his position and not arising from a service-
connected injury or accident.
(b) Medical, dental or optical treatments and examinations.
(c) Personal illness or physical disability resulting in the incapacity ofthe employee
to perform the usual duties of his position and arising from a service-connected
injury or accident, but only after all available disability benefits offered under
Workmen IS Compensation are exhausted, provided further that use of sick
leave in this manner shall be at the employee's request and is not mandatory.
(d) Illness or injury to a member of a bargaining unit member's immediate family
that requires the employee to care for that immediate family member.
2. Employees shall be credited with one (1) day of sick leave at the end of each month active
duty during the year.
14
3. Sick leave may be taken only to the extent that it is accumulated. No advance sick leave
shall be granted except in an emergency and upon approval of the City Manager.
4. Employees hired before October 1, 1995 will be eligible to receive the sick leave payout,
with the existing cap of 600 hours, for the term of this Agreement. Employees hired on or
after October 1, 1995 who, voluntary termination from the City, have a minimum of 300
hours of leave deposited in their sick leave bank, shall be entitled to a termination payout
of 150 sick leave hours. Employees hired on or after October 1, 1995 with less than 300
hours of sick leave will not be entitled to a sick leave payout upon termination.
5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the
600 hours cap. Nevertheless, the sick leave payout will be governed by section 4 of this
Article.
6. All current employees as of October 1, 1995, will retain current payout provision upon
termination 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, but will have a
no-cap" maximum on sick leave accrual. Employees who have not personally utilized more
than thirty-two (32) hours of sick leave within a consecutive twelve (12) month period and
now have a sick leave balance greater than 30 days (240 hours) shall be eligible to convert
up to 5 days (40 hours) of sick leave to annual leave, provided that the employee retains
sick leave minimum balance of 200 hours. The catastrophic illness bank will be abolished,
and accrued hours will return to employees who have accrued this leave.
7. An employee whose service with the City is terminated and who has taken sick leave that
is unearned at the date of termination, shall reimburse the City for all salary paid in
connection with such unearned leave, unless employment is terminated by the death of
an employee, or the employee is unable to return to duty because of his disability, the
evidence of which shall be supported by an acceptable medical certificate.
8. In all cases of absence on sick leave in excess of three (3) working days and in cases of
absence on sick leave for any period less than three (3) working days when the Personnel
Manager or Chief of Police, or the Chief's designee, ("Department Head") shall so direct,
the written request for sick leave shall be accompanied by a certificate signed by the
physician or other licensed medical practitioner treating the employee, certifying as to the
incapacity of the employee during such period to perform the usual duties of the
employee's position. Such directives of the Personnel Manager or Department Head shall
be valid and in force for a period not to exceed twelve weeks. The Personnel Manager or
the Department Head may issue additional directives not to exceed twelve weeks in
duration, in their discretion with the approval ofthe City Manager. The issuance of all such
directives may be appealed to the City Manager. Failure to furnish such a medical
certificate for absences in excess of three (3) workdays, or for any absence when so
15
directed by the Department Head or Personnel Office, shall result in the absence being
charged to the employee's vacation leave.
9. The parties agree that the City may take any steps it deems appropriate to strictly
administer and enforce the City sick leave policy in such a manner as to eliminate abuse of
sick leave privilege .
10. In the event an employee is killed in the line of duty, or by natural causes, his heirs shall
receive one-hundred percent (100%) of his accumulated sick leave time.
11. It is further understood and agreed that all issues pertaining to sick leave usage shall be
governed by City of South Miami Sick Leave Policy.
ARTICLE 15. BEREAVEM ENT LEAVE
1. Employees covered by this Agreement after providing adequate notice concerning the
death of an immediate family member shall be entitled to bereavement leave with pay up
to a maximum of four (4) workdays in the event of such death.
2. Two additional days of leave may be granted if travel in excess of 250 miles one way is
necessary.
3. The phrase "immediate family" shall be defined as the employee's spouse, grandparents,
parents, stepparents, children, stepchildren, grandchildren, brothers, stepbrothers, sisters,
stepsisters, father-in-law, mother-in-law, brother-in-law, sister-in-law, and domestic
partner.
4. Proof of death in the immediate family in the form of death certificate or public obituary must
be provided to the City Manager, or the Manager's designee, before compensation is
approved.
5. Bereavement leave shall not be charged to sick leave or annual leave.
6. Should an employee require more bereavement leave in excess of the allotted time, he may
request additional time not to exceed ten (10) days. Such requests must be submitted at least
five (5) days prior to the start of the requested leave and be pre-approved by the Chief of
Police, or the Chief's designee. Moreover, the employee requesting such additional leave
must have at least ten (10) days in either his vacation or compensatory _leave banks, from
which the requested time will be deducted.
16
ARTICLE 16. LEAVE OF ABSENCE
1. Leave without pay and without benefits may be granted by the City Manager for a period not
to exceed six (6) calendar months to enable the employee to receive professional or, technical
training which will improve their work upon their return to service, or because of the
employee's extended illness or non-job-related disability, or bereavement. Leave without pay
may be granted by the City Manager to an employee for a period not to exceed one (1)
calendar month for any other purpose.
2. Leave without pay granted to any employee shall not to be charged against vacation leave,
but entry thereof shall be made upon the teave records of such employee.
3. Any employee granted leave without pay for six (6) months or more, shall not be entitled to
return to his original position if it is not available but shall be entitled to be placed in another
job position for which he qualifies and only if a job position is available. It is clearly understood
that ifthe job position last held has been filled or eliminated, the Department 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 no Job position is available, the Department will give priority to said employee
as soon as a new job position for which the employee qualifies, is available.
ARTICLE 17. VACATION LEAVE
1. The term "Vacation Leave!' shall be used to designate leave with pay granted to an employee
on the following prorated basis: Years of Uninterrupted Service Amount of Vacation
a) 1 to 4 years inclusive. 8 hours per month
b) 5 to 14 years inclusive. 10 hours per month
c) 15 to 19 years inclusive. 12 hours per month
d) 20 years and over. 14 hours per month
(i) Vacation shall require approval ofthe Chief of Police or the Chief's designee,
and at no time shall an employee be allowed more vacation leave than has been
accumulated.
(ii) Earned vacation leave is principally intended for use during the year in
which it is earned. Under exceptional circumstances and upon written request
within the year in which the vacation leave is earned, such time may be used
up to 30 calendar days past the employee's anniversary date with the written
approval of the City Manager.
17
(iii) Vacation leave may be taken to the extent that it is earned by the employee,
subject to the prior approval of the Chief of Police, upon written application by
the employee in advance, and at the convenience of the City.
(iv) Any earned and credited vacation leave to the credit of an employee in good
standing when he terminates his employment with the City will be paid
prorated at the employee's current rate of pay with the last paycheck received.
ARTICLE 18. EXTRA-DUTY POLICE EMPLOYMENT
Employees agree to be bound by and abide by the Extra-Duty Police Employment policy as
developed by the Chief of Police. The City shall provide the FOP with two (2) weeks advance
notice of any modifications to the aforesaid Extra-Duty Police Employment policy which
becomes effective after the ratification of this Agreement.
Employees covered by this agreement shall receive a minimum of four (4) hours' pay at the
according extra-duty rate of pay if the job is stopped prior to reaching four (4) hours of actual
time worked.
ARTICLE 19. INSURANCE BENEFITS
The City agrees to pay for HMO health insurance for all employees covered by this Agreement,
Employees wanting the optional POS or PPO health insurance will pay the difference between
the HMO plan and the optional plan chosen. The City will attempt to continue the current levels
of coverage for dental, life and disability insurance . The employee agrees to pay for 100% of
dependent coverage for health and dental insurance.
The City agrees to remain in compliance with Section 112.0801, Florida Statutes which, states
in pertinent part that eligible full-time employees of the City that are participants in the City's
health insurance plans at the time of their retirement shall be afforded the option of continuing
to participate in the plans as a Retiree. Procedural information can be found in the referenced
Statute and on the City's Employee Policies and Procedures Manual.
ARTICLE 20. HOURS OF WORK AND OVERTIM E
1. Forty (40) hours shall constitute a normal workweek for an employee covered by this
Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour
workweek unless the employee actually works forty (40) hours. Actual hours worked shall
not include hours when work is not done such as during time offfor sick leave. Actual hours
worked shall not include sick leave or City recognized holidays. Birthday, floating holiday,
vacation leave, and compensatory leave will be considered as time actually worked .
Employees whose hours of actual work exceed forty (40) hC?urs in a workweek shall be
18
compensated at the rate of time and one-half of the employee IS regular straight-time rate
for all time worked in excess of 40 hours in a workweek. All available overtime shall be
offered to bargaining unit employees in order of seniority unless the existence of
emergency or exigent circumstance do not allow a reasonable amount of time to contact
employees on a seniority basis or unless the work involves 'crime prevention details'
burglary details, traffic, 'wolf-pack' details, etc.
2. If an employee covered by this Agreement is called to work at a time outside his scheduled
working hours after he has actually worked a forty (40) hour workweek, he shall receive a
minimum of four (4) hours' pay at the rate of time and one-half his regular-straight time
for such work occurring outside his scheduled working hours. However, if the employee is
called to work during a holiday, the employee shall be paid in accordance with Article 13
and not this Article.
3. Employees who are required to attend an off-duty deposition or court appearance after
having actually worked a forty (40) hour workweek and when the appearance is as a
subpoenaed witness in the federal or state courts or as a deponent in pending criminal,
civil or traffic cases involving or arising out of the discharge of the employee's duties in the
course of his employment with the City, he will receive a minimum of four (4) hours pay at
the rate of time and one half oftheir regular straight-time rate. Employees shall be allowed
to retain witness and travel fees received for court and deposition appearances.
4. Employees, who participate in authorized special events for the City, shall be entitled to be
paid at the rate of time and one-half of the employee's regular straight time rate regardless
of actual hours worked during that pay period.
5 . If the officer is required to hold over for any reason within one hour of the normal tour of
duty after having actually worked a forty (40) hour workweek, it will be considered an
extension of the shift, entitling the officer to overtime pay.
6 . Insofar as possible, employees covered by this Agreement shall be given forty-eight (48)
hours' notice of any changes in their regular hours of work. Further, insofar as possible, the
Department will avoid scheduling an employee to work on continuous shifts. Should an
employee be scheduled to work continuous shifts, their days off may be adjusted within the
same pay period by the Department. Employees shall be given two (2) weeks' notice of
normal shift change.
7. No supervisor or official shall take action to cause the non-payment of overtime in
circumstances wherein an employee covered by this Agreement has performed work, which
entitles him to payment of overtime as provided herein, provided that nothing herein shall
restrict the City or the Department from altering work schedules or taking any other action
to reduce the number of overtime, court time, or call-out hours worked by the employee
covered by this Agreement.
19
8 . The Department reserves the right to institute any procedure or system it deems appropriate
to measure, record and/or verify attendance at and duration off-duty court appearances.
Strict compliance with any procedure or system so instituted by the Department shall be a
condition precedent to obtaining compensation for an off-duty court appearance under
Paragraph 3 above.
9. Employees, who participate in authorized special events for the City, shall be entitled to be
paid at the rate of time and one-half of the employee's regular straight time rates regardless
of actual hours worked during that pay period.
10. Compensatory time shall be administered in accordance with the following guidelines :
(a) Compensatory leave may be accrued to a maximum of three hundred (300) hours.
Certain current employees, who have an accrual in excess of the current cap, will be
"grandfathered" to allow them to retain their accrued balance. However, such
employees shall not be eligible for accrual of any additional compensatory leave until
their balance falls below the 300 hour cap and at that time their accrual cap becomes
(300) hours.
(b) Compensatory leave may be taken in unlimited blocks of time, provided operational
needs have been met, as determined and approved by the Chief of Police.
(c) Once approved, compensatory leave will not be canceled by the Department unless
warranted by an emergency situation, as determined by the Chief of Police, exists.
11. The Chief of Police will conduct a straw poll of all Sergeants and Officers to proceed in
adopting a 10 and/or 12-hour shift. If the majority of Sergeants and Officers who
participated in the poll agree to adopt a 10 and/or 12-hour shift, the Chief of Police or
designee will prepare and present a Memorandum of Understanding (MOU) within 30 days
of said polling affirming such approval. The Chief of Police reserves the right to adopt 8, 10
and 12 hour shifts for different Divisions and/or assignments .
12. If the Police Chief declares Alpha/Bravo mobilization pursuant to a declared State of
Emergency and the City of South Miami is reimbursed monies by the Federal Emergency
Management Agency, then employees will receive double time pay for all hours worked
during the Alpha/Bravo mobilization to the extent reimbursed by the Federal Government.
ARTICLE 21. MANAGEMENT RIGHTS
1. The FOP and its members recognize that the City has the exclusive right to manage and direct
all of its operations and when these rights are exercised, they shall not be the subject of any
grievance. Accordingly, the City specifically, but not by way of limitation, reserves the
exclusive right without redress by the employees or the FOP to:
20
a. Decide the scope of service to be performed and the method of service;
b. Hire and/or otherwise determine the qualifications of employees and the criteria
and standards for employment;
c. Fire, demote, suspend or otherwise discipline employees for proper cause
including a violation of the criteria and standards for employment;
d. Promote and determine the qualifications of employees;
e. Layoff and/or relieve employees from duty due to lack of work;
f. Transfer employees from location to location and from time to time;
g. Rehire employees;
h. Determine the starting and quitting time and the numbers of hours and shifts to
be worked subject to Article 20;
i. Determine the allocation and content of job classifications;
j. Formulate and/or amend job descriptions;
k. Merge, consolidate, expand, curtail or discontinue temporarily or permanently, in
whole or in part, operations whenever in the sole discretion of the City good
business judgment makes such action advisable;
I. Contract and/or subcontract any existing or future work;
m . Expand, reduce, alter, combine, assign, or cease any job;
n. Determine whether and to what extent the work required in its operation shall be
performed by employees covered by this Agreement;
o. Control the use of equipment and property of the City; Determine the number,
location, and operation of headquarters, annexes, substations and divisions
thereof;
p. Schedule and assign the work to the employees and to determine the size and
composition ofthe work force;
21
q. Determine the services to be provided to the public and the maintenance,
procedures, materials, facilities, and equipment to be used, and to introduce new
or improved services, maintenance procedures, materials, facilities and
equipment;
r . Take whatever action may be necessary to carry out the mission and
responsibilities of the City in emergency situations;
s. Formulate, amend, revise and implement policy, programs, rules and regulations;
t. Have complete authority to exercise those rights and powers that are incidental to
the rights and powers enumerated above, including the right to make unilateral
changes,
2. The above rights ofthe City are not meant to be all-inclusive, but are meant as illustrations,
which indicate the type of matters, or rights, which belong to and are inherent in the City
as the employer. Any of the rights, powers, and authority the City had prior to entering
their collective bargaining Agreement are retained by the City, except as specifically
abridged, delegated, granted or modified by this Agreement.
3. If the City fails to exercise anyone or more of the above functions from time to time, this
will not be deemed a waiver of the City 's right to exercise any or all of such functions.
ARTICLE 22. WORK STOPPAGES
1. The FOP agrees that, under no circumstances, shall there be any work stoppage, strike,
improper political activity, 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 of the above-prohibited
activities, nor shall any bargaining unit personnel refuse to cross any picket line at any
location, whether the picketing is being done by the FOP or any other employee organization
or union .
2. The FOP agrees that the City shall retain the right to discharge or otherwise discipline one,
some, or all of the employees participating in or promoting any of the activities enumerated
in paragraph 1 above, the exercise of such rights by the City will not be subject to recourse
under the grievance/arbitration process.
3. It is recognized by the parties that the improper activities enumerated in paragraphs I and 2
above, are contrary to the ideals of professionalism and to the City's community responsibility.
Accordingly, it is understood and agreed that in the event of any violation of this Article, the
22
City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent
jurisdiction.
4. For the purpose of this Article, it is agreed that the FOP shall be responsible for any act
committed by its officers, agent, and/or representatives which act constitutes a violation of
state law or the provision herein . In addition to all other rights and remedies available to the
City under State law, in the event of a breach of the provisions herein, the City shall have the
right to unilaterally and without further notice terminate this collective bargaining Agreement,
withdraw recognition from the FOP, and cease dues deductions.
ARTICLE 23. AWARDS
The City and Employees agree to be bound by and abide by the Awards policy as developed by
the Chief of Police .
ARTICLE 24. MILITARY LEAVE
Any employee covered by this Agreement shall provide a minimum of two weeks advance
notice of their official orders requiring their attendance for training or other active duty as a
member of the United States Armed Forces or the State of Florida National Guard and shall be
entitled to military leave pursuant to Chapter 115.07, Florida Statutes.
ARTICLE 2S AUTHORIZED USE OF PRIVATE AUTOMOBILE
An employee authorized to use their private automobile by the Chief of Police or the Chief's
designee in the performance of their City duties will be compensated at the mileage rate
prescribed by Florida Statutes. Such mileage shall be computed based on the distance between
the employee' regular duty station and the place of assignment or the employee's residence
and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to
and from the regular duty station or for court appearances or case-related conferences and
depositions .
ARTICLE 26. BULLETIN BOARDS
The City shall permit the FOP to post notices of an informational nature and names and
addresses of officers, directors, and representatives of the Employee Organization on a bulletin
board in roll call room of the Police Station, or other location as may be necessary as determined
by the Chief of Police. A copy of each notice to be posted shall be approved by the Chief of
Police or the Chief's designee prior to posting. Under no circumstances shall the FOP tender for
posting, any notice or material tending to, directly or indirectly, disparage any elected or
23
appointed official or employee of the City. An Officer of the FOP shall sign each notice to be
posted.
ARTICLE 27. SEVERABILITY CLAUSE
Should any provision of this Agreement or any part thereof, be rendered or declared invalid by
reason of any existing or subsequently enacted State or federal legislation, or by any decree of
a court of competent jurisdiction, all other articles and sections of this Agreement shall remain
in full force and effect for the duration of this Agreement. Furthermore, should any provision
of this Agreement become invalid, as described above, the parties may meet within thirty (30)
calendar days of such decision or legislation to discuss substitute provisions or ramifications of
such action of this Agreement.
ARTICLE 28. COMPENSATION
1. Bargaining unit employees who serve as Field Training Officers (FTO) pursuant to the criteria
below will receive a base hourly rate supplement of seven percent (7%) during the time that
the employee performs FTO duties. In order to receive the FTO supplement, the employee
must: (1) possess an FTO certificate from the State of Florida, and (2) be assigned to the FTO
Squad. (Thus, employees will receive FTO pay only during those days in which the employee
is at 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. The assignment pay shall be tied to the base salary for
overtime and pension calculation.
2. .Bargaining unit employees covered by this Agreement who are temporarily assigned to a
higher rank shall receive seven percent (7%) of his/her base hourly rate as a supplement for
each full day worked in the higher rank. The assignment pay shall be tied to the base salary
for overtime and pension calculation.
3. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee.
4. Employees covered by this contract will continue to receive $75 hazardous duty pay
biweekly. This hazardous duty pay shall be used for pension calculations .
5. Police officers assigned to uniform patrol who are covered under this Agreement and are
aSSigned to afternoon or midnight shifts shall receive a shift differential pay of$O.35
(afternoon shift) or $0.50 (midnight shift). Sergeants assigned to uniform patrol who are
covered under this agreement and are assigned to afternoon or midnight shifts shall receive
a shift differential pay of $0.45 (afternoon shift) or $0.60 (midnight shift). The shift
differential, for overtime and pension calculation, is not tied to the base. Hours must be
actually worked in order to receive the differential pay.
24
6. Upon ratification Police Officers and Sergeants covered under this Agreement who are
assigned to the following specialized units shall be eligible for an assignment pay of $80 per
pay period. The assignment pay is not tied to the base for overtime and pension calculation.
Employees eligible for specialized unit pay will only be eligible for one such $80 increase
regardless of how many specialized units they participate in.
a) Motors/Traffic Unit
b) G.I.U.
c) S.I.U.
d) Community Patrol/PAL
e) K-9
f) SWAT
7. For the purposes ofthis agreement the Consumer Price Index shall be calculated as follows
-All Urban Consumers 12-Month Percent Change for the Miami-Ft. Lauderdale FL area (CPI)
which shall have the effect of increasing the pay for each employee, by receiving a COLA
raise every year on October 1st based on the CPI average, with no less than a minimum of
two percent (2%) to a maximum of six percent (6%).
8. Upon ratification, the merit pay program shall be given every year. A merit pay increase will
be awarded on the employee's anniversary date within the employee's classification,
provided employee meets the provisions contained in this article. The merit pay increase
will be 2.5% per year.
9. Within the twelve (12) month period immediately preceding the effective date of the merit
increase Employee must not have any of the following (these rules do not apply for the CPI
increase):
i. Received a score below 3.0 on the annual performance review
ii. A sustained or upheld Suspension
If an employee has been suspended, then once the suspension has ended and it has been
resolved and finalized in the employee's records, then the employee can request to be reviewed
again for merit pay increase. An employee that has a suspension or annual performance review
overturned through the appropriate appellate process may be entitled to the applicable merit
pay increase he would have otherwise received at the time.
10. An Employee must be an employee of the City on the date the merit pay increase is
scheduled to be awarded.
11. Employees covered by this Agreement with 10 years of continuous satisfactory full-time
service shall receive a longevity raise of 3% of the employee's base salary on their
anniversary date (Longevity 1). After 15 years of continuous satisfactory full-time service
the employee will receive an additional 3% longevity raise (Longevity 2). After 20 years of
25
continuous satisfactory full-time service, the employee will receive an additional 3%
longevity raise (Longevity 3).
12. An employee promoted to Sergeant will receive a one (1) time 10% increase regardless of
which step he has attained in the merit-based step system. The employee will continue to
receive eligible steps based on the merit-based step system.
ARTICLE 29. PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS
. Except as specifically provided herein, neither party hereto shall be permitted to re-open
this Agreement or any part of this Agreement. This Agreement contains the entire
Agreement of the parties on all matters relative to wages, hours, working conditions, and all
other matters which have been, or could have been n~gotiated by and between the parties
prior to the execution of this Agreement.
ARTICLE 30. UNIFORMS AND EQUIPMENT
1. Employees covered by this Agreement shall receive from the City upon appointment, at no
cost tc? the employee, a new uniform, which shall consist of the following:
(a) One (1) long sleeve shirt;
(b) Five (5) short sleeve shirts;
(c) Five (5) pairs oftrousers;
(d) One (1) hat;
(e) Badge and name tag;
(f) Duty belt and accessories to include: but not be limited to: handcuffs case cartridge
case, holster and hand held radio holder;
(g) The appropriate quantity of ammunition;
(h) One (1) jacket with zip-out lining;
(i) One (1) pairs police low quarter corfam shoes and one (1) pair alternative
footwear (IE Boots, sneakers Etc.);
(j) Raingear
2. The above items shall be replaced as needed, by the City, within a reasonable amount oftime
after the employee has submitted a written request. Such requests shall include the reason
for replacement and is contingent upon approval of the Chief of Police or the Chief's designee,
via the chain of command.
3. Commencing with the ratification of this Agreement, employees who are required to wear
non-issued clothing will receive a clothing allotment of $700 dollars annually. One-half (1/2)
of said allotment will be paid ·on the pay day nearest the 15th of December of each year and
the other one-half (1/2) will be paid on the pay day nearest the 15th of June of each year
provided that the employee is employed on said day.
26
4 . Commencing with the ratification of this agreement, uniformed employees covered under
this Agreement will receive a clothing allowance of $400 dollars annually. One-half {1/2} of
said allotment will be paid on the pay day nearest the 15th of December of each year and the
other one-half {1/2} will be paid on the pay day nearest the 15th of June of each year provided
that the employee is employed on said day. Any employee who receives a clothing/uniform
allowance in advance who terminates employment, except for retirement, will have a
prorated portion of that allowance deducted from the final paycheck. No final paycheck will
be given the terminated employee until all city-owned property such as uniforms and
equipment, 10, etc. has been returned to the City.
5. Commencing with the ratification of this Agreement each bargaining unit employee covered
by this Agreement shall be provided with a Level III A bullet resistant vest . The wearing of the
vest will be in compliance with Department policy.
6. Each Officer (upon request) will be issued surgical gloves and a plastic pocket resuscitation
mask for use in administering first aid . Such items shall be replaced as needed.
7. Employees shall be issued handheld batons (ASP) with holsters and shall receive appropriate
training for use of such ASP prior to issuance.
8. Uniformed personnel shall be permitted to wear, as part of their uniform, a standard knife
{The blade of which shall not exceed three inches in length} and case, the finish of which
matches the duty belt accessories issued by the City. The uniformed personnel shall not carry
any knife on their person other than that which is contained in said case.
ARTICLE 31. PHYSICAL EXAMINATION AND WORKERS' COMPENSATION BENEFITS
1. Employees will receive an electrocardiogram, eye exam, and physical examination to
include alcohol and drug screen testing at least once a year (12 months) performed by a
physician or agency selected by the City or when requested by the City. Scheduling of the
above will be at the discretion of the City, and the results will become part of the
employee's permanent record. The City will undertake the cost ofthe examination and will
furnish the employee with a copy ofthe examination report.
2. In the event of an on-the-job injury to an employee, not as a result of negligence by the
employee, such employee will be carried at full pay and benefits for a period not to exceed
180 calendar days from the first day of injury. The Chief of Police may determine that a
prior sustained injury reported on a subsequent date is acceptable and the 180-benefit
period can be initiated at that time at the Chiefs discretion.
27
3. Any employee injured on the job, and not as a result of his negligence, shall be paid the
regular full wage for the day ofthe accident iftheir treating physician advises that he should
not return to work that day.
4. 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 testing such as for Drug and Alcohol use. Said tests shall be in
addition to the annual physical and may occur not more than one time per employee each
calendar year.
5. Personnel requesting light duty status based on non-work related injuries shall file request
for such duty with supporting medical documentation to the Chief of Police. If light duty
status is available and is approved by the Chief at his discretion as per the Personnel
Manual, the employee Wilf be assigned duties and shift as per Departmental needs at the
Chief's discretion.
ARTICLE 32. RETIREMENT BENEFITS
1. Each employee who retires based on receiving full retirement benefits without penalty or
medical disability shall receive an honorary one-grade promotion and shall be issued a badge
and identification card clearly marked "retired". The honorary one-grade promotion shall
not affect salary, benefits or the calculations of pension and/or distributions.
2. 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 from 1.9 % to 2.25% for services performed in the 1995-1996 fiscal
year;
b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be .
increased from 2.25% to 2.50% for services performed in the 1996-1997 fiscal
year;
c. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be
increased from 2.50% to 2.75% for services performed in the 1997-2001 fiscal
years.
d. Effective October 1, 2001, the benefit accrual rate (multiplier) shall be
increased from 2.75 to 2.80 percent for services performed in the 20012002
fiscal year. Effective October 1, 2002, the pension benefit accrual rate
28
{multiplier} for sworn police personnel shall be increased from 2.80 percent
to 2.90 for services performed in the 2002-2003 fiscal year.
e. Effective October 1, 2003, and thereafter the pension benefit accrual rate
{multiplier} for sworn police personnel shall be increased from 2.90 to 3.00
percent. 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%.
f. 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.
3. Bargaining unit employees shall be 100% vested in the retirement plan when completion of
ten {10} years credited full time service in the retirement plan is completed.
4 . Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5%.
Should the total contribution be actuarially determined to exceed 15%, both the City and
the employees will share equally the excess amount {should the total contribution be
actuarially determined to be 17%, the City shall contribute a total of 8.5% and the employees
shall contribute a total of 8.5%}. Employee contribution will not exceed 12%.
5. Below is the sum of the amount to be paid from the Chapter 185 Police Retirement funds to
the South Miami Police Pension Plan each year, regardless of the growth or diminution in
future Chapter 185 funds. Below is a breakdown ofthe minimum benefit, the cost, and date
of expiration.
Minimum Benefits Adopted
New normal {25 years}
Participate on their date of employment & Minimum
Multiplier of 2%
New normal {55 & 1O} & Early retirement eligibility date
TOTAL PROVIDED TO THE POLICE PENSION PLAN
$12,496 Ordinance 30-01-1761 {Forever}
$25,282 Ordinance 06-05-1828 {Payments End on I
$41,450 Ordinance 38-19-2351 {Forever}
$79,228
The Union may adopt the four outstanding minimum benefits as of the date of ratification
for the purpose of utilizing the Chapter 185 police retirement funds to increase pension
benefits for the bargaining unit members so long as the 185 monies can sustain the increase.
All other minimum benefits wishing to be adopted must be negotiated. It is understood and
agreed that these terms are contingent upon this same language being approved and
incorporated into the CBA for the Captains and Lieutenants Bargaining Unit.
29
6. The retirement plan is mandatory for all employees, covered under this Agreement, hired
after October 1, 1995.
7. Final average compensation shall mean the participant's annual compensation, as
determined by the employer, acting in a uniform and nondiscriminatory manner' averaged
over the best five (5) year period of the participant's career with the City of South Miami
ending on the participant's retirement date, date of disability, date of termination of
employment, or date of termination of the plan, whichever is applicable. For the purposes
of this Agreement the best five (5) years is defined as best five -26 consecutive pay periods
within a participant's career and such consecutive year periods shall not overlap one
another.
8 . The normal retirement date (the earliest date a bargaining unit employee may retire with
full unreduced pension benefits) for a participant shall be on the date that the participant
has completed 25 years of credited police service, regardless of age, or attainment of age
sixty 60 and completion of ten 10 years of credited police service.
9. Employees covered by this Agreement shall be allowed to apply for permission to purchase
credit for active duty in the U. S. military service, up to a maximum of four (4) years in the
South Miami Retirement System, pursuant to procedures to be promulgated by the City in
consultation with the FOP.
10. Employees covered by this Agreement shall be allowed to apply for permission to purchase
credit for immediate past City service as a member of the bargaining unit up to a maximum
of five (5) years in the South Miami Retirement System pursuant to procedures to be .
promulgated by the City in consultation with the FOP. The actuarial and technical language
is to be prepared by actuarial company, approved by the City and the FOP, and adopted by
the Pension Board. Any condition or impairment of health of any police officer caused by
tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total
disability or death, shall be presumed to be accidental and suffered in the line of duty unless
the contrary be shown by competent evidence.
11. Effective July 1, 2011, the maximum amount of overtime hours for pension calculations for
anyone fiscal year shall not exceed 300 hours. The day following the ratification of this
Agreement, any accumulated time which is eligible for payout upon separation from
employment with the City shall remain eligible for pension calculations and subject to
pension contributions upon payout. Any accumulated time that is eligible for payout after
the ratification of this Agreement will be considered new accumulated time. Any and all new
accumulated time, eligible for payout upon separation from employment with the City, shall
not be eligible for pension calculation or subject to pension contributions.
30
12 . Effective upon the ratification of this Agreement employees hired on or after October 1,
2011, covered by this Agreement shall enter the pension plan immediately upon being hired
as a sworn law enforcement officer.
13. Attached hereto and incorporated by reference herein, is Ordinance 16-08-1951 adopted
May 20,2008, entitled "Pension Plan," as amended.
14. Upon ratification, the City of South Miami will begin the process for a 5 year Deferred
Retirement Option Program referred to as the DROP. The full implementation of the DROP
will commence upon updating the City of South Miami Retirement Ordinance. Officers and
Sergeants who are eligible to retire with full benefits (as stated in the CSM Retirement
Ordinance) without penalty will be allowed to enter the DROP. The member's DROP account
shall be credited with interest in an amount equal to fifty (50) percent of the net (gross
return minus investment expense) yearly interest earned by the retirement system for the
preceding fiscal year, up to a maximum of 6% percent. If the net yearly interest earned by
the retirement system is zero (0) percent or less, the member's DROP account will not be
credited with interest, nor will it be debited with any investment losses.
ARTICLE 33. EDUCATIONAL INCENTIVE
1. The City agrees to bear the cost of tuition for specifically applicable specialized education
courses to better equip the Officers for the performance of the particular job and/or
position in which they are employed, as determined by and approved in writing by the Chief
of Police.
2. Every application for educational assistance shall be subject to the approval of the Chief of
Police and the City Manager. Such approval must be obtained at least thirty (30) calendar
days prior to the beginning of any course.
3. If any application is approved, guidelines for reimbursement are as follows:
a) 75% reimbursement of the course cost for a grade of "B" or better for
undergraduate courses;
b) 75% reimbursement of the course cost for a grade of '1 B'! or better for
graduate courses;
c) 50% reimbursement of the course cost for a grade of "c" for graduate courses;
d) Any such reimbursement shall be made only upon submission of proof of the
grades as provided in sub-sections a, b, & c above;
31
e) The credit hour cost of any courses approved shall be capped at the rate used
by local publicly funded universities and/or community colleges.
f) There shall be no reimbursement for grades "0" or less or "unsatisfactory".
4. Employees utilizing educational assistance must remain with the City for a period of at least
two years following completion of any reimbursed course, or said reimbursement must be
repaid to the City (amount may be deducted from final pay).
ARTICLE 34. EMPLOYEE PREGNANCY/MATERNITY LEAVE
1. An employee who becomes pregnant must notify the Chief of Police as soon as she receives
a medical confirmation that she is pregnant. A pregnant employee is required to furnish a
letter from her physician who will state the anticipated delivery date, the amount of time
the employee may continue to work until the delivery and the types and limitations of duty
to be performed. The pregnant employee may, in the discretion of the City, be placed on
light duty status with the approval of the Chief of Police or the Chief's designee and the City
Manager, In the event that a light duty position is not available at the Police Station, the
pregnant employee may be utilized in other City of South Miami offices at the discretion of
the City Manager. The employee's rate of pay will remain the same.
2. Pregnant employees may be granted FMLA leave on the same terms and conditions as
granted for other non-pregnancy-related disabilities or illness. Any employee who becomes
pregnant shall be entitled to unpaid maternity leave. Such unpaid maternity leave shall be
granted for a period of up to six (6) months. In the event that the pregnant employee has
any accrued annual leave, sick leave or comp time, she may use all or any part of the accrued
leave at her request in lieu of unpaid leave.
ARTICLE 35. EMPLOYEE ASSISTANCE PROGRAM
The City and the FOP concur that an Employee Assistance Program (EAP) exists within the City
Personnel Manual and can be of great value in supporting the operations of the Police
Department and to bolstering the welfare ofthe Department's law enforcement personnel.
ARTICLE 36. ABOLISHMENT OR MERGER
Whenever the abolishment or merger of the Police Department is contemplated, the FOP shall
be informed of such plans in advance. Additionally, the FOP shall be given an opportunity to be
apprised concerning the impact of such abolishment or merger proposal upon this Agreement.
32
ARTICLE 37. AMERICANS WITH DISABILITIES ACT (ADA)
Notwithstanding any other provision of this Agreement, the FOP agrees that the City may take
whatever actions may be necessary to comply with the Americans with Disabilities Act or the
Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as
required under those laws. To accomplish this, the City shall notify the FOP of the action it
intends to take to comply with the ADA or the Florida Civil Rights Act. However, any contention
or claim that the City violated any provision of the Americans with Disabilities Act, or the Florida
Civil Rights Act shall be exclusively resolved through available administrative or judicial
remedies, and shall not be subject to the grievance procedure herein.
ARTICLE 38 CIVIL SUITS
1. The City will undertake the defense of any lawsuits filed against employees covered by
this Agreement arising from a complaint for damages or injury suffered as a result of any act or
omission of action arising out of and in the scope of their employment or function, unless, in the
case of a tort action, the officer, employee, or agent outside the course and scope of his or her
employment or acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and
willful disregard of human rights, safety, or property.
2. In any action in which the City and the employee are named parties, the City will
indemnify such employee against any judgment levied against the employee and the City jointly as
a result of the employee's acts or omissions arising out of and in the scope of the employee's
employment or function, unless, in the case of a tort action, the employee is acting outside the
course and scope of his or her employment or acted in bad faith, with malicious purpose, or in a
manner exhibiting wanton and willful disregard of human rights, safety, or property.
3. Notwithstanding all of the above in this Article 35, if an employee is sued in a civil case
while being criminally prosecuted at the same time, the City is not required to defend or indemnify
the employee if the City's applicable insurance carrier denies coverage. In addition, if the City's
applicable insurance carrier defends under a reservation of the right to terminate the defense
and/or decline to indemnify, the City will not be required to continue the defense or to indemnify
the employee if the employee is criminally convicted, pleads guilty or if there are other event that
come under one or more exclusions of the scope of coverage document.
ARTICLE 39 TERM OF AGREEMENT
Except as provided herein, all provisions of this Agreement shall be effective October pt, 2021,
and shall remain in force for three (3) years until September 30th , 2024.
Signatures on following page:
33
City of South Miami
By: Date:
Shari Kamali, City Manager
Date :
Date:
Date: 0.3 0 C'.f t.D 'L'1...
Date: O~.z.:t.
34
SUNDAY FEBRUARY 20 2022 NEIGHBORS ...................................................................................................19SE
78
CITY OF SOUTH MIAMI. FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the
same time. 10 proIBctthe health, safety and welfare of its citizens, officers, officials and administrative stall'. and pursuant City of South Miami
CodB, Chapter 286.011. Ra. Stat, the Cily's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus.
the City will be holding its City Commission Meetingliw in chambers and ViRTUALlY through communications media technology (GMT) until
the state of emergency has ended or social distancing is no longer required by any relevant Exscutive Orders. All Commission members will
participate in Chambers or by video confilrencinglhrough the Zoom platform and members of the public may join the mll&ting via Zoom at
(https:l!zoom,usli/30568363381 and participate. At a minimum, at least three members of the City Commission will be physically pr89llnt in the
City Commission Chambers1 and theywill be broadcast on the Zoom platform along with all other members of the Commission, City Sta:ff and the
public who may attend remotely from the Commission Chambers and from other locations.
The meeting is scheduled 10 begin on l'DIHP M.reb I _117:00 UL to consider the following public hearing item(s):
A Resolution approving and authorizing the CIty Manager to execute a three-year collective bargaining agreement (Omcers and Sergeants)
between the Florida Slate lodge, Fraternal Order of Police, Inc. (FOP) and the City of Sooth MiamI.
An Ordinance granting a franchise agreement to InsHe Martin Outdoor, llC dba Insite Street Media for Bus Bench Advertising and Services.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter SA tRied ''CODE OF ETHICS-, Section 8A5. titled -lobbyists;
registration, reporting, fees, exemptions, expendRures, and penaHies. -to provide exceptions for design professionals serving on City Boards.
An Ordinance amending the ChaplBr 20, Section 2().6.1 (C) of the City of Sooth Miami's land Development Code 10 provide exceptions forthe
residency requirements and 10 r&Sem membership seats for design professionals.
H)Vu desire to present evidence or you are unable to use ZOom, there are procedures to follow and other options available Including a dedicated
phone line to listen and participate In the meeting and limited public attendance, al of which Is set forth In the meeting notice posted at CIty Hall
and at htlo:lIwww..!ioUlhmlamln.govl580/PubllpMeffitngs-Nottcos.An)Vne who wishes to review pending application, supporting documentation
orwho desire to have documents made available forviewing byeveryone during the meeting must contact the City Clark by calling 305-663-6340.
NoI8that pursuanllll Rorida Statutes 286.0105, a per!OII who dl!Jcicll!Js III appeal any decision made by I Board, Agency or Commission with respact III any matter
coosldered at Its meetll'CI or hearll'Cl, I recortl of the proceedings wi be required for said appeal and SIIch person will be reqlEd to haw a verbatim transcript of tll&
proctllldings in~ IhII tBstill1lll)' and BVidIInce ....... which the appeal is to bII basIKI.
MJk. To request a mocIIIcatIon to a policy, PRCllce or ~ or to request an aLdaJy aide or service .-a artier to partlclpate.-a a aty program, activity or MIlt, you
must on or blfDre 4:00 p.m. 3 business days blllDre IhII 0lIl_ (not counting the day afthlll1JllBti~) delivBr)'IU raquBStIll IhIIIl\y DIIIk by telephone: 3O~1I3-8340,
bV IT&I at 6130 SUnllBl DrIve, South MIIl~ Florida or email atnp¥eOaouthmlamlli.gDII.
1 The minimum standards for adopting a resoIulon or enacU~ an onIlnance are XI Iorth.-a 166.041(4)"" A ~rIty of1he members oI1he governing body shall
cooslilute I quol1lll. An allirmaliWlWlB of a majorityof a CJlORID prB!IIrt is nIICIISSIIryto enact anyordinance or adopt any rEI!1WIiDn. _.
CITY OF MIAMI. FLORIDA
Nu'g' A."", •• CIIC. FCRI
a~ Cl,rk
NOTICE OF SPECIAL CITY COMMISSION MEETING e"· ,~;
".' ~
Purwuant to IIlaml CIty Comm .... on Reeolutlon R-22-0070, .dopted on Febrllllry 7, 2022, •• pec .. 1 meeting of the
Miami CiIJ Commiuion will'" h.ld on Friday-, FaliN.". 25, 2022" at 12:00 p.m. in thll City Commilillion ch.mb ....
located at Mi.mi Cit,. Hall, asoo Pan Am.rican Dr, Miami, FL 33133. The purpose of the special meeting will be to
oonsider and take any and all action' relate<! to the redi&!ricting of City Commission di!Slricts including but not limited to the
drafting of anY related maps and bounderig No business shall be conducted, or a vote taken at a Special City Commillllion
Meeting on buslnen other than the subJect(s) for which the spacial meeting 18 called.
The February 25, 2022 Special City Commisaion Meeting will be broadcaet live for members of the public to view on the
City's website (www.miamigov.comltv).Facebook.TwiHer. YouTube, and Channel 77 (Comcast only for residents living in
the City of Miami).
For your information, public comment on the agenda item(s) to be heard at this special meeting can be submilled via an
online comment form and will be disb'ibuted to the Elected Officials and City Administration and made part of the public
record. The deadline to submit public comment via the online comment form will occur when the Chairperson closes public
comment for the special meeUng.
Public comment on the agenda item(s) to be heard at this special meeting may also be providec:llive at City Hall, 3500 Pan
American Drive, Miami, Florida, subiect to any and all rules and procedures as the City may implement or amend. Please be
advised that COVlD-19 safety measures have been Implemented for the health, safety, and weHare of the public that want
to aHend and partlclpata and may be amended u nec811118ry. Such measures Include reinstalling the plexlglus dMders
on the dais, providing a tent and chairs lor lBIavIIIlon streaming of the special meeting outside City Hall, providing a laptop
In the City Hall lobby that can be used for public comment, and requiring masks be worn while Inside City Hall. Public
comment will begin III: approximately 12:00 p.m.
-Please visit htlpl;tJwww ml,mlgov ggmlmMllngtnllrudlpDI for detailed InstrucUons on how to provide public
comment using the online public comment form.-
A copy of the agenda for the Special City Commission Meeting will be available at: htIp·Umt,mm tgm2.com/CIHZlnlf
DeIIylt IIPX
Should any person deaire to appeal any decision of the City Commission with reapect to any maHer to be considered at
this special meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and
evidence upon which any appeal may be build (F.S. 288.0105).
In accordance with the Americans with Disabilitiea Act of 1990, persons needing special accommodations to participate in
this proceeding may contac:t the Office of the City Clerk at (305) 250-5381 (Voice) no later than two (2) bueineaa day prior to
the proceeding. TTY users may call via 711 (Florida Relay Service) no IaIIIr than two (2) busineas day prior to the proceeding.
Ad No. 38487 Todd B. Hannon
City Clerk
.It Public Notice
NOTICE IS GIVEN that Public Meetings for the development of the Fiscal
Year 2022-23 Budget. including Taxes and Fees. are scheduled to be
held on:
• Tuesday, February 22, 2022, beginning at 6:00 PM
• Thursday, February 24, 2022, beginning at 6:00 PM
To discuss and solicit public input on proposed budget, tax rates and
fee changes. On each of these meetings the Office of Management
and Budget will make a presentation to discuss the development of
FY 2022-23 Budget.
These meetings will only be held virtually utilizing communications
media technology.
Interested parties may:
(1) join a Zoom meeting to speak, or view the meeting by registering in
advance of the meeting to avoid delays (lDDm registration will be
available beginning February 15, 2022 at the following links) at:
• for the meeting on Tuesday, February 22, 2022
hHps:llmiamidade.livelPublicMeetingFeb22
• for the meeting on Thursday. February 24. 2022
hHps:llmiamidade.livelPublicMeetingFeb24
(2) call in live by phone to speak or to listen to the meeting by registering
in advance of the meeting to avoid delays by calling 305-375-5371
(3) view a live broadcast on Miami-Dade Television;
(4) after the meeting. view an archived copy of the meeting at
www.miamidade.gov/webcasling: or
(5) if you are hearing impaired. you may join the meeting using Florida
Relay Service by dialing 711 on your telephone. Closed captioning will be
available for all meetings.
All interested parties may appear and be heard at the time and
place specified.
Miami-Dade County provides equal access and equal opportunity in
its programs, services and activities and does not discriminate on
the basis of disability. If you have any questions or require additional
information regarding the virtual meeting, please call the Office
of Management and Budget at 305-375-5143. For material in
alternate format, a sign language interpreter, Communication Access
Real-time Translation (CART) services. and/or any accommodation to
participate in any County-sponsored program or meeting. please call
305-375-5143 or send an e-mail to: charalambos.flevaris@
miamidade.gov at least five days in advance of the meeting.
For legal ads online, go to hItp:Jnegalads.miamidade.gov
MIAMI -DADE
STAT E OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA , who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Leg al Notices of the Miami Daily
Business Review '11<1a Mia mi Review, a daily (except
Saturday , Sunda y and Legal H oli days) newspaper,
published al Miami in Miami -Dad e County , Florida ; th at the
attached copy of adve rt isemen t, being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS -MAR . 1, 2022
in the XXXX Court,
was published in said newspaper by p rint in the issues of
and/or by publication on the newspaper's website , if
authorized , on
0211812022
Affiant further says that the newspaper complies with all
legal requirements for publication in chapter 50 , Florida
Statutes .
Swo 0 and su bscribe d before me this
16 day of FEBRUARY , A.D. 2022
(SEAL)
GUILLERMO GARCIA personally known to me
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In orde r to balance the need fo r the City of South Miam i to function and
conduct vital bu si ness during the COVIO 19 pandemic and, at the same
lime, to protect the heaJth, safety and welfare of its citizens, officers,
officials and administrative staff, and pursuant City of South Miami Code,
Chapter 286.Q11, Fla. Stat, the City's Home Aule Powers, and City
Manager's declaration of a state of emergency due 10 the Coronav iru s, the
City will be holding its City Commission Meeting live in chambers and
VIRTUAllY through communi cations media technology (CMl) un ti l the
state of emergency ha s ended 01" social distancing is no longer requi red by
any relevant Executive Orders. All Commission members will participate in
Chambers or by video conferencing through the Zoom platform and members of
the public may join the meeting via Zoom al (n!1Qs:J/zoom .usli/3056S36338)
and participate. AI a minimum, at least three members of the City Commission
will be physically present in the City Commission Chambers 1 and they will
be broadcast on the Zoom platform along with all other members of the
Commission, City Staff and the public who may attend remotely from the
Co mmission Chambers and from other locations.
The meeting is scheduled to begin on Tuesday. March 1, 2022 at 7:00 p.m. to
consider the following public hearing Item(sl:
A Resolution approving and authorizing the City Manager to
execute a three-year collective bargaining agreement (Officers and
Sergeants) between the ROOda State Lodge, Fratemal Order of
POlice, Inc. (FO P) and th e City of South MIamI.
All Ordinance granting a franchIse agreement to Insite Martin
Outdoor, LLC dba Insite Street Media for Bus Bench Advertising
and Services.
All Ordinance am ending the City of South Miami Code of
Ordinances, Cha pter SA titled 'CODE OF ETHICS', Sectio n SA-5.
titled "lobbyists; registration , reporting, fees, eKemptioos, eKpeodit ures.
and penalties.' to provide exceptIons for design professionals
serving on City Boards.
All Ordinance amending the Chapte r 20, Section 20-6.1 {Cl of the
City of South Miami's Land Development Code to provide exceptions
for the residency requ irements and to reserve membership seats
for design professionals.
79
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA , who on oath says that he or she Is the
DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Bus iness Rev iew Uk/a MIami Review, a daily (except
Sat urday , Sunday and l egal Holidays) newspaper,
published al Miami in Miami-Dade County , Florida ; thai the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MI AMI-PUBLIC HEARINGS -MAR . 1, 2022
In the XXXX Court,
was published in said newspaper by print in the issues of
andlor by publication on the newspaper's website , If
authorized , on
0211812 022
Affiant further says th ai the newspaper complies with all
legal requirements for publ ication in chapte r 50 , Florida
Statutes .
Swo 0 and su bscribe d before me this
18 day of FEBRUARY. A .D . 2022
(S EAL)
GUILLERMO GARCIA personalty known to me
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOnCE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and
conduct vita l business during the COVID 19 pandemic and, at the same
time, to protect the health, safety and welfare of Its citizens, officers,
officials and admin istrative staff. and pursuant City of South Miami Code,
Chapter 286.01 1, Fla . Stat, the City's Home Aule Powers, and City
Manager's declaration of a state of emergency due to the Coronavirus, the
City will be holding Its City Commi ssio n Meeting live In chambers and
VIRTUAllY through co mmuni cations media technology (CMT) un ti l the
state of emergency has ended or social distancing Is no longer requi red by
any relevant Executive Orders. All Commission members will participate In
Chambers or by video conferencing through the Zoom platform and members of
the public may ;oin the meeting via Zoom al (bttps:llzoom .u s/ll3056636338)
and participate. At a minimum, at least three members of the City Commission
will be physically present in the City Commission Chambers 1 and they will
be broadcast on the Zoom platfonn along with all other members of the
Commission, City Staff and the publ ic who may attend remotely from the
Commission Chambers and from other locatfons .
The meeting is scheduled to begin on Tuesday. March 1. 2022 at 7:00 p.m. to
consider the following public hearing Item(s}:
A Resolution approving and authorizing the City Manager to
execute a three-year collective bargaining agreement (Officers and
Sergeants) between the Rorida State Lodge , Fraternal Order of
Police, In c. (FOP) and th e City of South Miami.
An Ordinance granting a franchise agreement to Insite Martin
Outdoor, LlC dba Insite Street Media for Bus Bench Advertising
and Services.
An Ordinance amending the City of South Miami Code of
Ordinances, Chapter SA titled 'CODE OF ETHICS', Section SA·5.
titled 'lobbyists; registration. reporting. fees, exemptions, expenditures.,
and penalties.' to provide exceptions for design professionals
serving on City Boards.
An Ordina nce amending the Chapte r 20, Section 20-6.1(C) of the
City of South Miami's Land Development Code to provide exceptions
for the residency requirements and to reserve membership seats
for design professionals.
•
,
cif-y of SOlr/tl M i am {
If you de sire to present evidence or you are unable to~ use Zoom, there are
procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public
attendance, all of which is set forth in the meeting notice posted at City
Hall and at !!!m:!/ww_W......§Q!.It/J.miruDif!.gov/S80/Public-Meetings-Notices
Anyone who wishes to review pending application, supporting documentation
or who desire to have documents made availa bl e for viewing by everyone
during the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant to Aorida Statutes 286.0105, a person who decides to
appeal any decision made by a Board, Agency or Commission with
respect to any matter considered at its meeting or hearing. a record of the
proceedings will be required for said appeal and such person will be
required to have a verbatim transcript of the proceedings including the
testimony and evidence upon which the appeal is to be based.
ADA: To request a modification to a poli cy, practice or procedure or te
request an auxiliary aide or service in order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayneOsouthmiamifl.gov.
1 The minimum standards for adopting a resolution or enacting an
ordinance are set forth in 166.041(4) ••• A majority of the members of the
governing body shall constitute a quorum. AIl affirmative vote of a majority
of a quorum present is necessary to enact any ordinance or adopt any
resolution .....
2/18
Nkenga A. Payne, CMC, FCRM
Ci1y Cieri<
22-127/OOO0580299M
80
•
,
cify of $OLr/tl tJI i arYJ {
If you desire to present evidence or you are unable to use Zoom. there are
procedures to follow and other options available Including a dedIcated
phone line to listen and partie/pate In the meeting and limited public
attendance, all of which is set forth in the meeting notice posted at City
Hall and at http://www,souttlmilmit!..,gov/560/Publlc-Meetings-Noticrui.
Anyone who wishes to review pending application, supporting documeotation
or who desire to have documents made available for viewing by everyone
during the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant to Aorida StaMas 286.0105, a person who decides 10
appeal any decision made by a Board, Agency or Commission with
respect to any matter considered at its meeting or hearing. a record of the
proceedings will be requIred for said appeal and such person will be
required to have a verbatim transcript of the proceedings including the
testimony and evklence upon which the appeal is to be based.
ADA; To request a modification to a policy, practice or proced ure or te
request an auxiliary aide or service in order to participate in a City program,
activity or event, you must on or befo re 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerl< by telephone: 305-663-6340, by mall at 6130 Sunset Drive,
South Miami, Aorida or email at npayne@southmiamifl.gov.
1 The minimum standards for adopting a resolution or enacting an
ordinance are set forth in 166.041(4) ••• A maiority of the members of the
governing body shall constitute a quorum . All affirmative vote of a majority
of a quorum present Is necessary to enac t any ordinance or adopt any
resolution .....
2118
Nkenga A Payne, CMC, FCRM
City Cieri<
22-12710000580299M