Res No 118-23-16051RESOLUTION NO. 118-23-16051
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SOUTH MIAMI AND THE FLORIDA STATE
LODGE, FRATERNAL ORDER OF POLICE, INC.
REGARDING WAGE ADJUSTMENTS FOR FISCAL YEAR
2024; PROVIDING FOR AUTHORIZATION; PROVIDING
FOR IMPLEMENTATION, CORRECTIONS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") and the Florida State Lodge, Fraternal
Order of Police, Inc. (the ''Union") entered into a Collective Bargaining Agreement for the
period of October 1, 2021 to September 30, 2024 ("CBA "), which sets forth the terms and
conditions of employment of the City's sworn Police Officers and Sergeants; and
WHEREAS, Article 26, "Compensation", of the CBA contains the Parties' agreement
with respect to wages; and
WHEREAS, the City Commission finds that there is a compelling interest in
maintaining competitive wages for employee recruitment and retention; and
WHEREAS, the City Manager has reviewed employee wages and recommended that
wages for Police Officers and Sergeants should be adjusted to maintain competitiveness,
including adjusting such wages to account for inflation and cost of living increases; and
WHEREAS, the City desires to enter into a Memorandum of Understanding between
the City and the Union, in substantially the form attached hereto as Exhibit "A," in order to
provide for a one-time five percent (5%) wage increase for Fiscal Year 2024, effective October
1, 2023, for Police Officers and Sergeants (the "MOU"); and
WHEREAS, the MOU will become effective upon ratification by the City Commission
and the bargaining unit employees represented by the Union and/or the Union: and
WHEREAS, the City Commission finds that this MOU is in the best interest and welfare
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Res. No. I l 8-23-16051
of the City and its employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Approval. The City Commission hereby approves the MOU, in
substantially the form attached hereto as Exhibit "A.'' The MOU shall become effective upon
ratification by the City Commission and the bargaining unit employees represented by the Union
and/or the Union.
Section 3. Autho1·ization. The City Commission hereby authorizes the City Manager
to execute the MOU, in substantially the form attached hereto as Exhibit "A," with the Union on
behalf of the City, subject to the approval as to form and legal sufficiency by the City Attorney.
Section 4. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Resolution.
Section 5. Corrections. Confonning language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6. 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 this Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption.
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Res. No. 11 8-23-1605 l
PASSED AND ADOPTED this 19th day o f September, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECU TION THEREOF
J
' ..
CITY ATTORNEY
Pa ge 3 of3
A PPROVED:
COMMISSION VOTE:
Mayor Fernand ez:
Vi ce Mayor Bonich:
Commiss ion er Call e:
Commi ss ioner Li ebman:
Commissioner Corey:
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: September 19, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH MIAMI AND THE FLORIDA STATE
LODGE, FRATERNAL ORDER OF POLICE, INC. REGARDING WAGE ADJUSTMENTS FOR FISCAL YEAR
2024; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Memo-MOU FOP.docx
47A0462-Resolution_Approving_MOU_with_FOP_Re_Wage_Adjustment_for_FY_2024.docx
47A0414-FOP Wage MOU - Wage Adjustments.DOCX
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:September 19, 2023
SUBJECT:Memorandum of Understanding (MOU) between Fraternal Order of Police (FOP)
and the City regarding FY 24 Wage Adjustments.
RECOMMENDATION: Approve the MOU.
BACKGROUND:The City conducted a preliminary review of the wages paid to employees,
Citywide, and determined that certain positions’ salaries are not
competitive and/or have not been adjusted sufficiently to account for
inflation and increases in the cost of living.
Accordingly, the City budgeted a 5% wage adjustment increase in the FY
24 budget for certain positions. Some of the positions affected by the wage
adjustment are included within the FOP Bargaining Unit; namely, Police
Officers and Sergeants. The proposed budget was approved during the
second budget hearing on September 19th.
The FOP has agreed to the attached MOU, as drafted.
ATTACHMENTS:Proposed Resolution
MOU
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MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF SOUTH MIAMI AND
FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, INC.
This Memorandum of Understanding is entered into this day of September
2023 by and between the City of South Miami, a Florida Municipal Corporation (the “City”) and
Florida State Lodge, Fraternal Order of Police, Inc. (the “Union”). The City and the Union are
collectively referred to as the “Parties.”
WHEREAS,the Parties are subject to a collective bargaining agreement for the period
October 1, 2021 to September 30, 2024 (the “CBA”), which sets forth the terms and conditions of
employment of City sworn Police Officers and Sergeants; and
WHEREAS, Article 28, “Compensation”, of the CBA contains the Parties’ agreement
with respect to wages; and
WHEREAS, there is a compellinginterest in maintaining competitive wages for employee
recruitment and retention; and
WHEREAS, a review of employee wages indicated that wages for Police Officers and
Sergeants should be adjusted to maintain competitiveness including adjusting such wages to
account for inflation and cost of living increases; and
WHEREAS, because wages are an aspect of employees’ terms and conditions of
employment, the amendment is subject to collective bargaining.
NOW, THEREFORE, the Parties agree to the following terms regarding the amendment
to wages:
1.The foregoing recitals are true and correct and are incorporated herein by reference.
2.Police Officers and Sergeants will receive a one-time five percent (5%) wage
increase for Fiscal Year 2024, effective October 1, 2023.
3.The Parties have had the opportunity to consult with legal counsel of their choosing
prior to executing this MOU.
4.Upon ratification by the bargaining unit employees represented by the Union and
by the City Commission,this MOU shall become effective. In the event that this
MOU is not fully ratified for any reason, it shall have no force or effect upon either
party.
5.Other than as specifically set forth herein, this MOU does not modify the CBA.
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6.The Parties agree that this MOU represents the Parties’ entire agreement with
regards to this subject matter, and that it cannot be amended or modified without the
express written consent of the Parties.
FLORIDA STATE LODGE, FRATERNAL CITY OF SOUTH MIAMI:
ORDER OF POLICE, INC:
By:_________________________By:__________________________
Genaro "Chip" Iglesias
Date Executed: ________________Date Executed: ________________
ATTEST:
___________________________________
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
____________________________________
Weiss Serota Helfman Cole & Bierman, P.L.
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MEMORANDUM OF UN DERSTAN DING BETWEEN
CITY OF SOUTH MIAMI AND
FLORIDA STATE LODGE, FRATERNAL ORD E R OF PO LICE, INC.
This Memorandum of U ndersta nding is entered into thi s l qih._ day of September
2023 by and between the City of South Miami , a Florid a Municipal Corporation (the "City") a nd
Fl o rida State Lodge, Fraternal Order of Po li ce, In c. (the "Union"). The C ity an d the Uni o n are
co ll ecti ve ly referred to as th e "Parti es."
WHEREAS, the Parties are subj ect to a collective bargaining agreement for the period
October 1, 2021 to September 30, 2024 (th e "CBA"), w hi ch sets fo rth the terms and cond iti ons of
employment of C ity swo rn P o li ce Officers and Sergeants; and
WHEREAS, Article 28, "Compensati on", of the CBA contains the Parti es' agreem ent
with respect to w ages; and
WHEREAS, there is a compe lling interest in ma intaining co mp etiti ve wages fo r employee
recruitment a nd retention; and
WHEREAS, a review of e mployee wages indicated that wages for Poli ce Officers and
Sergeants s hould b e adjus ted to m a inta in co mpetiti ven ess inc luding adjusting such wages to
account for inflati on and cost of 1 i v in g increases; a nd
WHEREAS, because wages are an as pect of employees ' te1ms and conditi o ns of
emp loyment, the amendment is s ubj ect to co ll ecti ve bargaining.
NOW, THEREFORE, t he Parties a g ree to the fo llo wing terms regard in g the amend m ent
to wages:
I. The foregoing re c itals ar e tru e and co1Tect and are incorporated h erein by refer enc e .
2 . Police Officers and Sergeants will receive a one-time fi ve percent (5%) wage
inc rease for Fisca l Year 2024, effecti ve October 1, 2023 .
3. The Parties have had the opportunity to co nsult wi th legal counsel of th e ir choosing
prior to executing this MOU.
4. U pon ratification b y the bargaining unit empl oyees re presented by t he Union and
b y the City Commission, thi s MOU sh a ll become effective. In th e event that this
MOU is not fully ratifi ed for a ny reason, it s ha ll have n o fo rce or effect upon e ith er
party.
5. Other than as s pecifi ca lly set fort h he re in , thi s MOU d oes n ot m od ify the C B A.
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6. The Parties agree that thi s MOU rep resents the Parties' e ntire agreement w ith
regards to this subject m a tt e r, and that it cannot be am end e d o r mo dified without the
express written consent of the Parties.
FLORIDA ST ATE LODGE, FRATERNAL
ORDER OF POLICE, INC:
Date Executed:
By:_=----
Genaro "C hip" Ig lesias
Date Executed: 1° \ \ ~ l 2.,., S
ATTEST:
Nken "N ik • ' Pay ne, CMC, FCRM
City C le rk
APPROV ED AS TO FORM AND LEGAL
su a--
Weiss Serota Helfman Cole & Bi em1an , P.L.
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