Res No 017-24-16122RESOLUTION NO. 017-24-16122
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING THE CREATION OF A POLICE
OFFICER RECRUITMENT INCENTIVE PROGRAM AND
AGREEMENT TO PROVIDE POLICE ACADEMY TUITION
AND COST INCENTIVE NOT TO EXCEED $8,000 PER
APPLICANT; PROVIDING FOR AUTHORIZATION;
PROVIDING FOR IMPLEMENTATION, SEVERABILITY,
CORRECTIONS, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Commission of the City of South Miami (the "City'')
desire to support police officer recruitment and hiring efforts by the Police Department; and
WHEREAS, the City Manager and staff have developed a police officer recruitment
incentive program (the "Program") to encourage police officer applicants to accept positions with
the City by offering a sponsorship and/or reimbursement of accredited police academy tuition and
other documented course expenses for three classes of potential applicants: those that have not
attended police academy, those currently enrolled in police academy, and those that have graduated
from police academy but have not worked for a police department; and
WHEREAS, the Program will provide for the sponsorship of approved basic law
enforcement academy tuition and other approved course expenses up to $8,000 for qualifying
police officer applicants and/or allow qualifying police officer applicants to seek up to $8,000 for
police academy tuition and cost reimbursement, as ftu1her detailed in the Police Commitment and
Repayment Agreement attached hereto as Exhibit "'A" (the "Agreement''); and
WHEREAS, Program participants will be required to execute the Agreement with the
City, in substantially the form attached hereto as Exhibit "A", which provides for the police
academy tuition and cost reimbursement incentive not to exceed $8,000 and repayment if the
police officer applicant is employed by the City for Jess than three years; and
WHEREAS, the Program has been presented to the Florida State Lodge, Fraternal Order
of Police, Inc. (the "Union) and the Union expressed no objection to implementing the Program;
and
WHEREAS, the City Commission desfres to approve the creation of the Program and the
Agreement for the police academy tuition and cost incentive not to exceed $8,000 per applicant,
and authorize the expenditure of funds for the Program for applicant(s); and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incoiporated
herein by this reference.
Page 1 of2
Res. No. 017-24-16122
Section 2. Approving the Creation of Program and Agreement. The City
Commission hereby approves the creation of the Program and the Agreement, in substantially the
fonn attached hereto as Exhibit "A," subject to the final approval of the C ity Manager and City
Attorney as to fom1, content, and legal sufficiency.
Section 3. Authorization. The City Manager is hereby authorized to create the
Program and execute the Agreement with applicant(s) on behalf of the City, in substantially the
form attached hereto as Exhibit "A," subject to the final approval of the City Manager and City
Attorney as to form, content, a nd legal sufficiency. The City Manager is authorized to expend
funds for the Program for applicant(s) and charge the costs of th e Program to Contractual Services
Account No. 001-1910-521-3450, Training and Education Account No. 001-1910-521-4080,
Federal Forfeiture Account 615-1910-521-4070, a nd Law Enforcement Training Trnst Fund
Account No. 00 l-000-0219-1338, or other funding source as determine d by th e City Manager to
be in th e best interest of the City.
Section 4. Implementation. The City Manager is hereby authorized to take all actions
necessary to implement the Program, purposes, and intent of this Resolution.
Section 5. Corrections. Conforming language or technical scrivener-type coITections
may be made by th e City Attorney for any conforming amendments to b e incorporated into the
final re so lution 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
will not affect the validity of the remaining portions of this Resolution.
Section 7.
adoption.
Effective Date. This Resolution shall becom e effective immediately upon
PASSED AND ADOPTED this 20'" day of Febrnary. 2024.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTIO THEREOF
E ISS SEROT A HELFMAN COLE
& BIERMAN, P.L.
CITY A TIORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
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POLICE COMMITMENT AND REPAYMENT AGREEMENT
This Police Commitment and Repayment Agreement (the "Agreement") is entered into this
day of ______ 2024 by and between the CITY OF SOUTH MIAMI, a Florida
municipal corporation (the "City"), with a principal address of 6130 Sunset Drive, South Miami,
Florida 33143 and ________________ (the "Applicant"),, with an
address of ________________ The City and Applicant are
collectively referred to as the "Parties".
RECITALS
WHEREAS, the City has determined that in order to bolster recruitment and hiring efforts
by the City of South Miami Police Department pertaining to the position of police officer, a police
incentive program ("Incentive Program") should be established for the benefit if the City and to
foster and assist in the education and training in police recruits; and
WHEREAS, the Incentive Program will encourage police officer candidates/applicants to
accept positions with the City of South Miami Police Department by offering a sponsorship and/or
reimbursement of accredited police academy tuition and other documented course expenses; and
WHEREAS, the City and Applicant desire to enter into this Agreement for the mutual
benefit of the Parties.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the City and Applicant agree as follows:
L Acceptance of Employment. Applicant agrees to accept employment as a police officer with
the City following the satisfactory completion of all courses and state law enforcement
examination(s) at the b~sic law enforcement academy, provided that such employment is
offered to the Applicant by the City.
2. Incentive. The City agrees to pay the cost of tuition to an approved and accredited police
academy together with other approved and documented course expenses ( collectively, "Costs
Incurred") up to the maximum amount of eight thousand dollars ($8,000) total to the Applicant
in one of the following manners:
a. Academy Sponsorship ("Sponsorship"). In the event Applicant has not yet attended
basic law enforcement academy, City shall pay the cost of tuition and/or other approved
and documented course expenses for Applicant's attendance at an approved basic law
enforcement academy.
b. Academy Reimbursement ("Reimbursement"}. In the event Applicant has successfully
graduated from basic law enforcement academy, City shall reimburse Applicant for
Costs Incurred, in the following manner:
i. Fifty percent (50%) of Costs Incurred to be paid upon hire as Sworn Police
Officer, and
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ii. Fifty percent (50%) of Costs Incurred to be paid twenty-four (24) months after
satisfactory completion of probation.
iii. Eligibility. To be eligible for the Reimbursement, Applicant must:
1. Have successfully completed and graduated from an aJ>proved basic law
enforcement academy within the previous twelve (12) months, and
2. Not have been employed as a certified police officer with any other law
enforcement agency.
c. Mixed Sponsorship and Reimbursement for Applicant Currently in Academy. In the
event the Applicant is attending an approved basic law enforcement academy as of the
date of this Agreement, the City shall pay the remaining cost of tuition and/or other
approved and documented course expenses ("Remaining Costs Incurred") for
Applicant's continued attendance ·at the approved basic law enforcement academy and
shall reimburse Applicant for the Remaining Costs Incurred, in the following manner:
i. Twenty-five percent (25%) of Remaining Costs Incurred to be paid upon
graduating the approved basic law enforcement academy and hired as Sworn
Police Officer, and
ii. Seventy-five percent (75%) of Remaining Costs Incurred to be paid twenty-four
(24) months after satisfactory completion of probation.
3. Maximum Incentive. In no event shall the amount of Sponsorship, Reimbursement, or both
together, be greater than eight thousand dollars ($8,000.00).
~ Repayment Obligation. Applicant agrees to repay to City all amounts of the Sponsorship or
Reimbursement paid by the City (the "Repayment Amount"), subject to IRS regulations and
according to the following terms:
a. Repayment due to Rejected Offer of Employment. In the event that Applicant does not
accept employment as a police officer for the City, Applicant shall, within one-hundred
eighty (180) days, repay City one hundred percent (100%) of the Repayment Amount
through the date the Applicant advises the City that it will not accept employment.
b. Repayment due to No Offer of Employment. In the event that Applicant is not offered
employment as a police officer by the City, Applicant shall, within one-hundred eighty
(180) days, repay City one hundred percent (100%) of the Repayment Amount through
the date the City advises the Applicant that it will not offer the Applicant employment
as a police officer.
c. Repayment Due to Termination of Employment. If Applicant's employment with City
terminates for any reason less than twenty-four (24) full months after completion of
Applicant's probationary period, Applicant agrees to repay one hundred percent
(100%) of the Repayment Amount within one-hundred eighty (180) days of
termination. Applicant agrees that repayment obligations under this Agreement are not
reduced by completion of partial months/years of employment.
5. Additional Repayment Terms.
a. Calculation of Time Employed. Any duration of time where Applicant is placed on
administrative leave with pay pending the outcome of a criminal investigation shall not
count towards the twenty-four (24) months of post-probationary employment for
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repayment purposes. Any duration of time where Applicant is placed on administrative
leave with pay pending an administrative investigation where a sustained finding
results in a termination or suspension after any applicable grievance appeal shall not
count toward the twenty-four (24) months of post-probationary employment for
repayment purposes. Any duration of time where Applicant serves a suspension
sustained after any applicable grievance appeal, or utilizes leave time in lieu of serving
a suspension, shall not count towards the twenty-four (24) months of post-probationary
employment for repayment purposes. Any duration of time where Applicant is unable
to perform the job duties for any reason other than approved Family and Medical Leave
Act absence ("FMLA") shall not count towards the twenty-four (24) months of post-
probationary employment for rep9:yment purposes.
b. Costs of Collection. In the event that the City incurs legal fees, court costs or attorneys'
fees, or other costs of collection in an effort to collect any delinquent sums owed
pursuant to this Agreement, the Applicant will pay all such reasonable costs and
expenses in addition to all sums due under this Agreement.
c. Repayment Forgiveness.
i. Automatic. City agrees to forgive any repayment due to City under this
Agreement where City terminates Applicant's employment due to a City-or
department-wide reduction in force. The Parties agree that Applicant's
voluntary termination of their employment, or City's termination of Applicant's
employment for any reason other than that stated in this section 5.c, are not
conditions requiring forgiveness of any repayment due to City under this
Agreement.
ii. Discretionary. The City Manager has the sole discretion to forgive any
repayment due to City or provide for a repayment plan under this Agreement if
it is in the best interest of the City.
6. No Guarantee of Continued Employment. Nothing in this Agreement guarantees employment
with the City for any period of time.
7. Miscellaneous.
a. Acknowledgement and Integration. Applicant understands they have the right to
discuss this Agreement with an attorney of their choosing, and that to the extent desired,
they have availed themselves of this opportunity. Applicant further acknowledges that
they have carefully read and fully understands the provisions of this Agreement, and
that they are voluntarily entering into it without any duress or pressure from City.
Applicant also understands and acknowledges that this Agreement is the entire
agreement between them and City with respect to this subject matter, and Applicant
acknowledges that City has not made any other statements, promises or commitments
of any kind (written or oral) to cause Applicant to agree to the tenns of this Agreement.
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b. Consideration and Binding Effect. By signing this Agreement, the Applicant
acknowledges and agrees that the Parties have agreed to exchange consideration and
that this is a legally binding contract.
c. Severability. The Parties agree that should any provision of this Agreement be declared
or determined by any court to be illegal, invalid or unenforceable, the remainder of the
Agreement shall nonetheless remain binding and enforceable and the illegal, invalid or
unenforceable provision(s) shall be modified only so much as necessary to comply with
applicable law.
d. Venue. This Agreement shall be governed by the laws of the State of Florida as are
now and hereafter in force. The venue for actions arising out of this Agreement shall
be exclusively in the Eleventh Judicial Circuit Court, Miami Dade County, Florida.
e. Non-Grievable. Actions arising out of this Agreement shall not be subject to any civil
service or collective bargaining agreement grievance procedure now and hereafter in
effect.
Accept/Decline.
___ I hereby ACCEPT the Sponsorship/Reimbursement and agree to repay the Repayment
Amount subject to the terms stated above.
___ I hereby DECLINE the Sponsorship/Reimbursement and acknowledge that I cannot
change my mind once it is declined.
[REMAINDER OF PAGE LEFT BLANK; SIONA TURE PAGES FOLLOW]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
on the day and year as first stated above.
CITY OF SOUTH MIAMI:
By: __________ _
Genaro "Chip" Iglesias
City Manager
ATTEST:
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Weiss Serota Reifman Cole & Bierman, P .L.
City Attorney
Addresses for Notice:
Genaro "Chip" Iglesias
City Manager
6130 Sunset Drive
South Miami, FL 33143
Clglesias@southmiamifl.gov ( email)
With a copy to:
Weiss Serota Reifman Cole & Bierman, P .L.
Attn: City Attorney, Esq.
2800 Ponce de Leon Boulevard, 12th Floor
Coral Gables, FL 33134
larango@wsh-law.com ( email)
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APPLICANT:
By: ___________ _
Name: ___________ _
Date: ------------
Addresses for Notice:
_________ (telephone)
__________ (email)
With a copy to:
_________ (telephone)
_________ (email) ' .
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Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: February 20, 2024
Submitted by: John Barzola
Submitting Department: Police Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING THE CREATION OF A POLICE OFFICER RECRUITMENT INCENTIVE PROGRAM AND
AGREEMENT TO PROVIDE POLICE ACADEMY TUITION AND COST INCENTIVE NOT TO EXCEED $8,000
PER APPLICANT; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION,
SEVERABILITY, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-POLICE DEPT.)
Suggested Action:
Attachments:
FY_2024_Memo_Police_Officer_Trainee.docx
4878922-Reso_Approving_Police_Officer_Recruitment_and_Incentive_Program_and_Agreement_CAv2 (1).docx
4854679.DOCX
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor &Members of the City Commission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:February 20, 2024
Subject:Resolution Authorizing Creation of Police Officer Trainee Classification
RECOMMENDATION:Authorize the City Manager to create a Police Officer trainee classification,
authorize payment for academy tuition, and re-imbursement of academy
tuition for new hires.
BACKGROUND: As has been widely reported in the media,Police Departments are facing
critical shortages in hiring of new officers and struggling with retention.
Our own Police Department has faced the challenges and has created
strategies to overcome them. As part of these strategies the creation of
the Police Officer Trainee position will allow the Department to sponsor
and pay new hires to attend the Police Academy. The Police Department
currently hires personnel who have completed the Police Academy and are
already certified police officers,which greatly reduces the pool of available
applicants.
The resolution creates a police officer recruitment incentive program (the
“Program”) to encourage police officer applicants to accept positions with
the City by offering a sponsorship and/or reimbursement of accredited
police academy tuition and other documented course expenses for three
classes of potential applicants: those that have not attended police
academy, those currently enrolled in police academy, and those that have
graduated from police academy but have not worked for a police
department.
The Program will provide for the sponsorship of approved basic law
enforcement academy tuition and other approved course expenses up to
$8,000 for qualifying police officer applicants and/or allow qualifying
police officer applicants to seek up to $8,000 for police academy tuition
and cost reimbursement.
Program participants will be required to execute the Agreement with the
City, which provides for the police academy tuition and cost
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
reimbursement incentive not to exceed $8,000 and repayment if the police
officer applicant is employed by the City for less than three years.
These strategies should assist the Department in attaining its staffing levels
and provide the city higher competitive level for new employees.
Funding: 001-1910-521-3450 Contractual Services Balance $125,361
001-1910-521-4080 Training & Education Balance $23,683
615-1910-521-3450 Federal Forfeiture Balance $65,516
001-0000-219-1338 Law Enforcement Training Trust Balance $42,511
Attachments: Resolution
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