Res No 116-23-16049RESOLUTION NO. 116-23-16049
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 SOUTH FLORIDA
POLICE BENEVOLENT ASSOCIATION REGARDING
WAGE ADJUSTMENTS FOR FISCAL YEAR 2024;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City'') and the South Florida Benevolent
Association (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
employmentofthcCity's sworn Police Lieutenants and Captains; 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 determined that
wages for Police Lieutenants and Captains 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 (the "MOU"), 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 Lieutenants and Captains; 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
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Res. No. 116-23-16049
WHEREAS, the City Commission finds that this MOU is in the best interest and welfare
of the Town 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 fonn 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. 116 -23 -16049
PASSED AND ADOPTED th is 19'h day of September, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
& ) ..
CITY ATTORNEY
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APPROVED:
COMMIS S ION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Call e:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Agenda Item No:4.
City Commission Agenda Item Report
Meeting Date: September 19, 2023
Submitted by: Lillian Arango
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 SOUTH FLORIDA
POLICE BENEVOLENT ASSOCIATION REGARDING WAGE ADJUSTMENTS FOR FISCAL YEAR 2024;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Memo-MOU PBA.docx
4799896-Resolution Approving MOU with PBA Re Wage Adjustments.DOCX
47A0408-PBA_Wage_MOU_-_Wage_Adjustments (2).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 the Police Benevolent
Association (PBA) 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 PBA Bargaining Unit; namely, Police
Lieutenants and Captains. The proposed budget was approved during the
second budget hearing on September 19th.
The PBA has agreed to the attached MOU, as drafted.
ATTACHMENTS:Proposed Resolution
MOU
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MEMORANDUM OF UNDERSTA DING BETWEE
CITY OF SOUTH MIAMI A D
SOUTH FLORJDA POLICE BENEVOLENT ASSOCIATION
This Memorandum of Understanding is entered into this /cr'l day of September
2023 by and between Lhe City of South Miami, a F lorida Municipal Corporation (the "City") and
South F lorida Police Benevo le nt Association (the "Union"). The C ity and the Union a re
collective ly referred to as the "Parties."
WHEREAS, the Parties are subject to a collective bargaining agreement for the period
October l , 202 1 to September 30, 2024 (the "CBA"), w hich sets forth th e tenns and conditions of
employment of City sworn Police Lieutenants and Captains; and
WHEREAS, A1ticle 26, "Compensation", of the CBA conta in s the Patties' agreement
with respect to wages; and
WHEREAS, there is a compelling interest in maintaining competitive wages for employee
recrnitment and retention; and
WHEREAS, a review of employee wages indi cated that wages for Police Lieutenants and
Capta ins s hould be adjusted to maintain competiti veness including adjusting such wages to
account for inflation and cost of li ving increases; and
WHEREAS, because wages are an aspect of e mployees' terms and conditions of
employment, the amendment is subject to collective bargaining.
NOW, THEREFORE, Lh e Parties agree to the fo ll owing terms regarding the amendment
to wages:
l . The foregoing recitals are true and correct and are incorporated herein by reference.
2. Po li ce Lieutenants and Captains will receive a one-time five percent (5%) wage
increase fo r Fiscal Year 2024 , effective October l , 2023. This in c rease s ha ll be in
a dditi on to the wage increases and provisions already contai ned in A rt icle 26.
3. The Parties have had the opportunity to cons ul t w ith legal counsel of their c hoos ing
prior to executing this MOU.
4. Upon ratification b y the bargaining unit employees represented by the Union and
by the Cily Commission, this MOU shall become effective. In the event that this
MOU is not fully ratified for any reason , it s hall have no fo rce or effect up on either
party.
5. Other th an as specifical ly set forth herein, this MOU does not modify the CBA.
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6. The Pa rti es agree that thi s MOU represents th e Parties' e ntire agreement w ith
regards to thi s s ubj ect matter, and that it can not be amended or m odified without th e
express written consent of the P a rt ies.
SOUTH FLORIDA PBA:
By xifllf/~1
/
Date Executed: 9/z 1 /coZ:3 ~/
Date Executed:
ATTEST:
.,, P ayne, CMC, FCRM
APPROVED AS TO FORM AN D L EGAL
SUFFICIE~
W eiss Serota H e lfma n Cole & B ierman, P.L.
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MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF SOUTH MIAMI AND
SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION
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
South Florida Police Benevolent Association (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 Lieutenants and Captains; and
WHEREAS, Article 26, “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 Lieutenants and
Captains 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 Lieutenants and Captains will receive a one-time five percent (5%) wage
increase for Fiscal Year 2024, effective October 1, 2023. This increase shall be in
addition to the wage increases and provisions already contained in Article 26.
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.
SOUTH FLORIDA PBA:CITY OF SOUTH MIAMI:
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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