09-16-08 Item 10So u r� South Miami
AIFAmenca City
V
• IriCORPRATED • CITY OF SOUTH MIAMI
'927 }
a OFFICE OF THE CITY MANAGER
O R1 2007
INTER- OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, City Manager
From: Jeanette Enrizo, Human Resources Mana e
Date: September 16, 2008 Agenda Item No.:
Subject: Contract between the City of South Miami and American Federation of State, County. and
Municipal Employees, AFL -CIO; Local 3294 (hereinafter referred to as AFSCME) Collective
Bargaining Union.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A ONE YEAR CONTRACT, BETWEEN THE AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294
(HEREINAFTER REFERRED TO AS AFSCME) AND THE CITY OF SOUTH MIAMI;
PROVIDING FOR AN EFFECTIVE DATE.
Request: To approve contract between the City of South Miami and AFSCME Collective Bargaining Union.
Reason/Need: Attached is the Collective Bargaining Agreement between AFSCME Collective Bargaining Union
and the_City of South Miami for fiscal year 2007/2008. The content of the agreement is consistent
with prior years, including a three percent (3 %) Cost of Living Adjustment (COLA) increase for
fiscal year 2007/2008.
In addition, the following minor revisions were made to the agreement in accordance with the prior
approved ordinances:
❖ Article 8, Section 4; the second sentence was deleted per approved Ordinance number: 05-
08 -1940 (Chapter 16A -6 through 1.6A -9 titled Personnel Board.)
❖ Article 9, Section 3, item (11) was revised per approved Ordinance number: 05 -08 -1940
(Chapter 16A -6 through 16A -9 titled Personnel Board.)
This proposed agreement was ratified by the AFSCME members on August 14, 2008. Attached is
a copy of the .letter from AFSCME confirming the ratification.
Cost & Funding Source: N/A
Backup Documentation:
❑ Proposed resolution..
❑ Letter from attorney confirming ratification.
❑ Collective Bargaining Agreement 2007 -2008.
❑ Personnel Manual Ordinance No. 05 -08 -1940.
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AFSCME Florida Council 79
MVCIPAL American Federation of SWE!, County and-MunicipaL Employees, AFL-CIO
August 15, 2005 VIA FAX NO.: 305 -374 -0895 &
U. S. MAIL SERVICE
TOTAL PAGES TWS FAX: - 1 —
Mr. James C. Crosland, Esq.
Biyant, Miller & Olive
One Biscayne Tower
2 S. Biscayne Blvd., Suite 1480
Miami, Florida =33131
Dear Mr. Crosland:
Subject; Contract Ratification Vote by Local 3294 held on August 14`h, 2008
Please hate that .A.PS CME Council 79 — Local 3294 held its contract ratification vote on
August 14`h, 2008 from 1500 hrs. until 1600 hrs,. one hundred percent (100 %) of all our,
union members voted yes, in favor of the proposed contract.
As soon as your side has the CBA written up, our negotiating team can meet at City Hall
to sign the document.
yours,
T&. Doug Baker — President Local 3294
Mr. George Greene — Sec/Treas. Local 3294
Ms. Josephine LeBeau -- Regional Director — A,FSCME Florida Council 79
99 N.W. 183rd Street, Suite 224
d KOS 'ON
North Miami, Florida 33169
5 10121 MOSIV
Telephone (305) 651 -6617
(800) 277 -1467
FAX (305) 651 -1740
NOUN 8006 'sl 'one
ORD1NANCE NO. 05 -08 -1940
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES AND
REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A -6 THROUGH
SECTION 16A -40; PROVIDING FOR PERSONNEL ORDINANCE AND
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN
EFFECTIVE DATE.
WHEREAS; sections 16A -6 through 16A -9 regarding Personnel Board shall be
deleted; and
WHEREAS; sections 16A -10 through 16A -40 shall be renumbered to 16A -6
through 16A -36 and all reference to personnel board and their functions shall be deleted
in its entirety; and
WHEREAS; the new section 16A -6 regarding rules, drafting, public hearing,
submission to ee+ce.1 City Commission for adoption, force and effect, amendment
procedure shall be revised to delete the "personnel board" and replace with "City
Commission"; and
WHEREAS; the new section 16A -23 shall be revised to establish that the regular
period of probation will be one (1) year instead of six (6) months for newly hired
employees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Chapter 16A -6 through 16A -9 Personnel Board:
See. 16A 6 threu h Seefieas 16A 9 fegard ;
The 1 1 l 1 shall t .£ /C\ ., be T.te.l l the
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rrz v e t i iu., ., �.. r mayor,
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shall be m- as fbHews;
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T-we (2) .,a mbefs to serve n l Oet her- i 1 969
cwa.r r, r�v�.
One (1) Eaemb4 to serve uati4 Oetebei-: > .
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F the .1 t er resignefien of a iiae-mber- er his f ils t a#ead t� M\ eeiiseeutive
2
Ord. No. 05 -08 -1940
Section. 2: Chapters 16A -6 through 16A -36 (Various chapter titles):
Sec. 16A -6-10. Rules; drafting, public hearing, submission to eeunei1 City
Commission for adoption, force, and effect, amendment procedure.
The personnel director shall draft, in consultation with the city manager, such rules as
may be necessary to carry out the provisions of this ordinance [chapter]. A public
hearing, shall be required prior to the final adoption of -any ordinance by the City
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Section. 2: Chapters 16A -6 through 16A -36 (Various chapter titles):
Sec. 16A -6-10. Rules; drafting, public hearing, submission to eeunei1 City
Commission for adoption, force, and effect, amendment procedure.
The personnel director shall draft, in consultation with the city manager, such rules as
may be necessary to carry out the provisions of this ordinance [chapter]. A public
hearing, shall be required prior to the final adoption of -any ordinance by the City
Ord. No_ 05 -08 -1940
Commission that would amend or create new personnel rules.
Pales shall have the fefee and eff-eet ef law. Amendments te the r-Wes sha4l: be made i
a with the ey -pfeee uFe-
Sec. 16A -7-14. Job classification plan -- Established.
The personnel director shall make an analysis of the duties and responsibilities of all
positions in the classified service and he shall recommend to the eeuneil City
Commission a job classification plan. Each position in the classified service shall be
assigned to a job class on the basis of the kind and level of its duties and responsibilities,
to the end that all positions in the same class shall be sufficiently alike to permit use of a
single descriptive title, the same qualification requirements, the same test of competence,
and the same pay scale. A job class may contain one position, or more than one position.
See. 16A -8-12. Same— Revision.
The classification plan shall be revised from time to time as changing conditions require,
upon recommendations of the personnel director and with the approval of the eeunoil
City Commission. Such revisions may consist of the addition, abolishment, consolidation,
division or amendment of existing classes.
Sec. 16A -91-24. Pay plan — Preparation and rules for administration.
The personnel director under the direction of the city manager and in consultation with
the finance director, shall prepare a pay plan and rules for its administration. The rate or
range for each class shall be such as to reflect fairly the differences in duties and
responsibilities and shall be related to compensation for comparable positions in other
places of public and private employment.
Sec. 16A -1 014. Satre -- Submission of plan and rules to eeu-aM City Commission;
adoption after public hearing. .
The personnel director shall submit the pay plan and the rules for its administration to the
eeumail City Commission for adoption. The eeuaeil City Commission, after public
hearing, may adopt the plan and the rules, with or without amendment. All amendments
shall apply uniformly to all positions within the same class.
Sec. 16A -11-15. Same -- Assignment of job class to a pay range provided in plan.
After the pay plan and the rules for its administration have been adopted by the eeueeU
City Commission, the personnel director shall assign each job class to one of the pay
ranges provided in the pay plan.
M
Ord. No. 05 -08 -1940
Sec. 16A-121-6. Satre-- lilethod of amending.
The pay plan may be amended from time to time as circumstances require, either through
adjustment of rates or by reassignment of job classes to different pay ranges, as by the
same procedure as prescribed in Article 6, sec. 2 [section 16A4410 of this Code].
See. 16A- 12.11 -64 Position of honorary corporal of police.
There is hereby established the position of honorary corporal of police. Such position
shall be awarded solely as a longevity benefit to police officers who have completed
fifteen (15) years of above average meritorious service with the police department of the
city, but who have not attained the rank of honorary corporal. Such position shall not be
considered an increase in rank, nor shall officers who are awarded the position have any
additional authority within the department.
Officers awarded the position of honorary corporal shall be entitled to wear on their
police uniform sleeves a patch or emblem consisting of two (2) corporal stripes with the
letter "H" immediately below such stripes, the form of such emblem to be approved by
the city manager.
Police officers who have served fifteen (15) years with the police department of the city,
who have not attained any rank, may make application by letter to the city manager for
award of the position of honorary corporal. The personnel director shall review the
personnel record of the applicant, and if deemed advisable, conduct an interview with the
applicant. The personnel director shall make a recommendation in writing to the city
manager within thirty (30) days from the date the application is filed with the city
manager.
Upon receipt of written recommendation from the personnel director, the city manager
shall review the recommendation and make such fiuher inquiry as he deems necessary to
fully inform himself of the record and qualifications of the .applicant to ascertain the
extent and quality of the applicant's service to the department. Within thirty (30) days
after receipt of the recommendation the city manager shall either approve the application
and award the applicant the position of honorary corporal, or disapprove the application.
In the event of approval of the application, the applicant shall be entitled to pay as
honorary corporal retroactive to the date of filing his application with the city manager.
In the event of disapproval of the application the applicant may not file a further
application for a period of one year following the date of filing of any disapproved
application. Officers awarded the position of honorary corporal shall be entitled to a one-
half -step pay increase.
Ord_ No_ 05 -08 -1940
Seca 16A- 1314. Appointments, promotions, and veterans' preference- -based on
competitive examinations; appointing authority.
Original appointments to vacancies occurring after this chapter becomes effective shall
be based on merit as determined by competitive examinations. The city manager shall be
the appointing authority.
(1) Competitive examinations may be waived by the city manager .subject to eeuReil
City Commission approval whenever the applicants for position are less than the number
of vacancies plus two (2).
(2) Competitive examinations may be waived by the city manager when the vacancies
sought to be filled are for unskilled work.
Sec. 16A- 141-8. Same - -Scope of examinations.
Examinations shall be in such form as will fairly test the abilities and aptitudes of
candidates for the duties to be performed, and may not include any inquiry into the
political or religious affiliations of any candidate.
Sec. 16A -1544. Same -- Placement on eligible list of candidates who qualify. ,
Candidates who qualify for employment shall be placed on an eligible list for the
appropriate job class in the rank order of the grades they obtained on the examination.
Sec. 16A -162-0. Same -- Administration of veterans' preference according to state law.
Veterans' preference shall be administered in accordance with Chapter 295, Sections
.06,.07,.08,.010 and .011 Florida Statutes, 1955.
Sec. 16A- 172-1. Same - -Vacancies filled by promotion; items constituting promotion
designated.
Vacancies in positions above the entrance level shall be filled by promotion whenever in
the judgment of the personnel director it is in the best interests of the city to do so, and
promotions shall be on a competitive basis except where the personnel director finds that
the number of persons qualified for promotion is insufficient to justify competition.
Promotions shall give appropriate consideration to the applicant's qualifications, record or
performance, and seniority. An advancement in rank or grade or an increase in salary
beyond the limits defined in the rules for the administration of the pay plan shall
constitute a promotion.
Sec. 16A- 182--2. Same -- Temporary promotions pending availability of eligible list.
Pending the availability of an eligible list determined by the personnel director to be
appropriate . for a class, vacancies may be filled by temporary appointment. Such
M
Ord. No. 05 -08 -1940
appointments shall have a maximum duration of six (6) months and may not continue
beyond a one day period after the establishment of an appropriate eligible list.
See. 16A -1933. Eligible lists -- Designated and described.
Eligible lists, m the order of their priority, shall be re- employed lists, promotional eligible
lists and original appointment eligible lists.
(a) Re- employ7nent lists shall contain the names of permanent employees laid off in
good standing for lack of funds or work.
(b) Promotional eligible lists, and original appointment eligible lists shall be created as
provided in Article 7 [sections 16A -113 through 16A -2-218 of this Code].
(c) Probationary employees laid off for lack of work or lack of funds, and probationary
employees who resign and whose resignations are withdrawn within one year, with the
approval of the city manager and the personnel director, may have their names restored to
the eligible list from which their appointment was originally made.
See. 16A- 2034. Same -- Appointments to fill vacancies, method of making.
When an appointment is to be made to a vacancy; the personnel director shall submit to
the city manager the names of persons who successfully qualified to be on the appropriate
list and who have indicated willingness to accept appointment. When more than one
vacancy is to be filled the number of names submitted shall equal the number of
vacancies plus two.
See. 16A -213-5. Same -- Policies and procedures for administering lists.
Policies and procedures f6r administering eligible lists shall be provided in the personnel
rules, covering the duration, cancellation, replacement, and consolidation of such lists,
and the removal or suspension of the names of eligibles there from.
See. 16A -2236. Probation — Employees subject to; probationary period, regular,
maximum.
Employees appointed from original appointment eligible lists or from promotional
eligible lists shall be subject to a period of probation. The regular period of probation
shall be six twelve months, provided that the personnel rules may specify a longer or
shorter period of probation for certain designated job classes, or for extension of the
probation period in individual cases. No -probationary period may extend beyond 12 .
months, except for police department personnel whose probation may be extended upon
written request of the chief of police and approval by the city manager..
See. 16A -232-7. Saone — Removal or demotion of probationer.
The work and conduct of probationary employees shall be subject to close scrutiny and
evaluation, and if found to be below standards satisfactory to the city manager or
department head, the city manager may remove or demote the probationer at any time
Ord. no. 05 -08 -1940
during the probationary period. Such removals or demotion shall not be subject to review
or appeal.
Sec. 16A -2429. Same -- Probationer granted permanent status on recommendation of
city manager only.
An employee shall be retarded beyond the end of the probationary period and granted
permanent status only if the city manager affinns that the services of the employee have
been found to be satisfactory and recominends that the employee be given permanent
status.
Sec. 16A- 252 -9. Absences, hours of work.
Rules shall be adopted prescribing hours of work and the conditions and length of time
for which leaves of absence with pay and leaves of absence without pay maybe granted.
These shall cover, among others, vacations, sick leaves, and leaves for military service.
See. 16A -2639. Training for employees.
The personnel director shall encourage the improvement of service by providing
employees with opportunities for training, which need not be limited to training for
specific jobs but may include training for advancement and for general fitness for public
service.
See. 16A -273-1. Separation from service -- Temporary and permanent.
The tenure of every employee shall be conditioned on good behavior and the satisfactory
perfonnance of duties. Any employee may be temporarily separated by layoff or
suspension; or permanently separated by resignation or dismissal.
Sec. 16A -2832. Same -- Lay -offs for lack of work or funds.
Whenever there is lack of work or lack of funds requiring reductions in the number of
employees in the department or division of the city government, the required reduction
shall be made in such job class or classes as the department head may designate, provided
that employees shall be laid off in the inverse order of their relative length and quality of
service, as determined by rules governing the evaluation of service. Within each affected
job class, all temporary employees shall be laid off before probationary employees, and
all probationary employees shall be laid off before any permanent employees.
Sec. 16A- 29333. Same -- Suspension without pay as disciplinary action. Shall be
changed to reflect as follows:
When in the judgment of the city manager an employee's work performance or conduct
justifies disciplinary action short of dismissal, the employee may be suspended without
A suspended inay net fequest a hearing before the .mil be ...a ui9dess
Ord. No. 05 -08 -1940
the �erei
r
Sec. 16A- 3034. Same -- Dismissal or demotion of permanent employees; procedure.
(a) A permanent employee maybe dismissed or demoted vrhenever in the judgment of
the city manager the employee's work or misconduct so warrants. When the ei ; Ba-c..-„ °r
d ..7 + take �a aetieR he 1, 11 file +zth the eiRpiey {-•,a a --a pe svim l b•, •-•7
t . ed t u 1 1 f the ffi " + v_ at
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peizse 1 .1 shall 1 .1 1. 1, C 1, h i M 1 .1 1, the .1 1-. e i
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Sec. 16A -313-5. Same -- Resignation; reinstatement. .
(a) An employee may resign by filing his reasons with the city manager.
(b) An employee resigning in good standing may be reinstated to any position in the
same class if there is need for his services within two years after the date of resignation.
Sec. 16A -3236. Records required of personnel director.
The personnel director shall maintain records of his official acts, the examination record
of every candidate and the employment record of every employee.
Sec. 16A -333-7. Investigations, hearings.
b
give witness.
16A 31 r t � >, 1 6 oz � n 3 c f this Code].
- - vagu -r
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Ord_ Noe 05 -08 -1940
Sec. 16A -3438. Prohibition as to politics; discrimination on grounds of polities,
religion, marital status or sex prohibited.
(a) Employees in the classified service shall be selected without regard to political
considerations, may not be required to contribute to any political purpose, and may not
engage in improper political activity. The rules shall define the scope of improper
political activity.
(b) There shall be no discrimination against any person seeking employment or
employed in the classed service because of any considerations of political or religious
affiliation or belief, sex ei�3 marital status and/or sexual orientation.
See. 16A- 353#3. Sick leave compensation of employees.
(a) For the purposes of this section, sick leave shall include the following categories:
(1) Payments on account of sickness. These payments to an employee shall be limited
to payments for the personal sickness or illness of an employee.
(2) Payments for reasons other than personal sickness. These payments shall include
payments to an employee for death or serious illness in the immediate family or for legal
quarantine.
(b) Payments on account of sickness and payments for reasons other than personal
sickness may be, made to all employees under the provisions of Section 10.3, subsection
(b) of Chapter XII of the "Personnel Regulations of the City of South Miami."
Sec. 16A -3640. Full -tune or probationary employment prohibited.
No commission member, autonomous personnel, quasi-judicial personnel or advisory
personnel, as those terms are defined by section 8A -1(b) of this Code, shall, for a period
of nine months after his or her city service has ceased, be employed by the city as a
probationary or full -time employee. This prohibition does not apply to employees who
are appointed to serve on boards on behalf of the city.
Section 3: Sec. 16A -222-6. Probation -- Employees subject to; probationary period,
regular, maximum.
Employees appointed or newly hired from original appointment eligible lists or from
promotional eligible lists shall be subject to a period of probation. The regular period of
probation shall be six- twelve months,
Ne pProbationary period may extend beyond
12 months, e ,feept for- peliee department el ese pr- eb.,+• may be ).,„,a . a
upon written request of the ehi f .,f peli department head and approval by the city
manager.
10
Ord. Noe 05 -08 -1940
Section 4: If any section, clause, sentence, or phrase of this ordinance 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 ordinance.
Section 5: All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 6: This ordinance shall be codified and included in the Code of Ordinances.
Section 7: This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this j ( day of 2008.
ATTEST:
�i Al ' Cr� l�
T CLERK ` YOR
First Reading — 1 2 / 0 8
Second Readin, 2 / 5 / 0 8
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5 -0
Mayor Feliu: Yea =
uis iguered Vice Mayor Wiscombe: Yea
Nag' op Figueredo, P.A Commissioner Birts: Yea
Office of the City Attorney Commissioner Palmer: Yea
Commissioner Beckman: Yea
I
Southh Miami
op CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor and Bate: January 22, 2008
Members of the Commission
Via: Yvonne S. McKinley, City Manager
From: Jeanette Enrizo, Human Resource Manager Agenda Item No.:
Human Resource
Subject: Amendment of Personnel Ordinance Chapter 16A
Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES
AND REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A -6
THROUGH SECTION .I6A -40; PROVIDING FOR PERSONNEL
ORDINANCE AND PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT AND AN EFFECTIVE DATE.
Reason/Need: During the past year, .several meetings /workshops were held with the City
Commission to review Chapter 16A of the City's Code of Ordinances and to
review the current Personnel Manual. All sections of the chapter were thoroughly
+ reviewed in detail and all changes recommended were incorporated in the
referenced ordinances. Collective bargaining agreements were talcen into
consideration during the review to ensure consistency with agreements.
The proposed changes to this section of the Code includes recommendations to
delete /eliminate personnel board and their functions. Additionally, newly hired
employees probationary period was changed from six (6) months to one (1) year,
Following the adoption of this ordinance, the revised Personnel Manual will be
presented to the City Commission for consideration.
Cost:. N/A
Funding Source: NIA
Backup Documentation: Proposed Ordinance
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE_OF FLORIDA
COUNTY OF MIAMI -DARE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
V.P. OF LEGAL ADVERTISING, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - FEBRUARY 5, 2008
in the X)= Court,
was published in said newspaper in the issues of
01/25/2008
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami =Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affrant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this vertise for p blication in the said
newspaper. .-)1
Sworn to and subscribed before me this
25 day.of JANUARY , A.D. 2008
(SEAL)
O.V. FERBEYRE personally known to me
,rte Cheryl H Marmer
My Commission DD338559
41a v Expires July 18, 2008
' `•- ?= `�Q�'Y.,. OLD;' � ®�`�� :•Q'�Q�iQ�.Q. "_- .:.::,,'. .
NOTICE QVPUBLMAEARING
NOTICE IS HEREBY given that the City Commissio -gifihe -City `of-South ;
Miami,.. _1716rida dll. conduct. Public Hearings... at. its ' :.regular' City:
Commission.. - meeting `scheduled•; for: , Tuesday, • „Febrbary;;,5_ 2008'
beginning `at 7 :30 p:m; in the City: Commission Cf` ambers 6130:;Sunset:
brive,.fo consid6f 11ie following items: .
r: -,AN ORDINANCE,-QF.THE, MAYOR .AND .CITY:COMMISSION
OF.TtiE CITY OF. SOUTH MIIANII,.;FLORIDA; RELATING:Tb
PERSONNEL=' RULES': AND REGOLAbONS;” `P.MENDING
CHAPTER- 164, :;SECTIONS' 16A -6 .THROUGH t,:SECTION
16A -40; PROVIDING FOR .PERSONNEC ORDINANCE'AN.
PROVIDING ..FOR'.- :SEVERABILITY;' .ORDINANCES
C ATE.
A RESOLUT'I,ON -OF'T E'MAYOR AND,CITY;.COfVINilSSION-
OF THE CITYOF,SOUTHMIAM' I,REL4TINGTO'AREQUEST
LOCATE A GENERAL* : - RESTAURANT AS PART. OF_ THE. '
SOUTH MIAMI NI.UNICIPAL PARKING FACILITY A,PRIVATE=_ -:.,
PUBLIC DEVELOPMENT: LOCATED. AT _ 582g; 'SW 2t3r4 '
:... - --- •.' -...
(HOMETOWk DISTRICT. OVERCA1). ZONING, DISTRICT' ON' '
-. `- PROPERTY: LEGALLY l7ESCRIBED,X1$'LOl"S 35�`3fi,`37
49, 50, W. A. LARK-INS SUBDIVISION ACCORDING "fO , THE' `.
..1'I.AT T- HEREOF RECORDED IN PLATBDOK3.ATPAGE,19B
_ OFTHEPUBLIC REGORDS OF MIAMI -DADE COUNTY; AND.'. 1
FROVIDiNG'AN EFFECTt1%E DATE
'It you have any inquiries on iFie'above items pleas "e`pontact the:P.lanning
i Department's office ai:305- 6ti3 -632fi `'.' "': � : ' -
ALL interested parties are invited to attend.�_nd wii(tie heard:
' - ' Maria M1hAenei'ideY; CMC
I' Pursuant to Florida Statutes 286.0105, _the' City hereby advises the
public ihai if -a person decides to appeal'any'decrsion rriade'by.this
Board,`Agenc`y or Commission inritfi respect to aria matter`oorisidered at
'its meetin_ g.br:heanng,.F e'or she will need a 'record 6f-the proceedings,
and that for such purpose;:affected. person may need to'ef sure that a
verbatim'record'of tliWproceedings is made which record includes the
•Tesfimbriy and evidence upon which the appeal is to be based. .
1/25 08- 3- 501954654M
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"OURTESY N offic
CITY OF,S ' OUTHM''
AMP*
On Tuesday, February 5. 2008,. beginning at 7:_30 p.m., in !he. City
Commission on Chambers, 6130 Sunset Drive, the'City Cqgy#issJonjvilj hold
Public Hearings td consider the following items-
AN ORDINANCE RELATING ;TO. pE
RSdNN'E'L!"'--.-'--'RU'L*-ES'
REGULATIONS; AMENDING ...CHAPTER. 16A,-:SR_hOW�-.,'AND Li6A-
6 THROUGH -SECTION" 16A-'40;. PROVIDING FOR PERSONNL*
-
ORDINANCE..:
A RESOLUTION RELATING T6X.REQUESTPUgS'[fANT-fo SECTION
20,14(13)(4)(b).0F THE LAND. DEVELOPMENT CODE FOR SPECIAL,
USE APPROVAL TO LOCATEAGENERAL:'RESTAIJ '
OF THE SOUTH MIAMI MUNICIPAL PARKIOG',-p BANT-7AS.RART
_A"PR1vATE-
PUBLIC DEVELOPMENT LOCATED "AT .5829 $W'.73rd `STREET
WMN THE . "SR (HD-OV]i"'S'PECIALTY RETAIL
DIUMT DV * �
If .4HOMETOWN
OVERLAY) ZONING DISTRICT
You have any inquiries
o n the qbovq,items ease c ntEtlfie Pid nn
ing Deparrdrf O ffi6e at* 305-663-6326.t
AIiint'erested parties are invited toa'ttendand vcjjj be:liea d.
aria. M. Menendez, CMG
City Clerk
Pursuant tO Florida Stalies2Bq.DIQS. 6e City h&dbkadi
decision made by this Board Agency arCummissi6nfi vses the public that if a Person dec1d;s*to'a4ia1 any
hearing, he or she wilt need Board, Do respect to any matter c6n�ldf�a4t_4.pqeeting or
61 �e proceedings, and that for suxh`purpa!jg
to Posure that a verbarin, record of PE Pr=cain6s is made which record _'�AffictedPaii6j, may need
is 6 be1isr& .. r : . -.*- t. -: I : : -. - eVidence
Upon w"101 "I apl6i' mclu#sf
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1
TABLE OF CONTENTS
ARTICLES
PAGE
ARTICLE 1
AGREEMENT
4
ARTICLE 2
RECOGNITION
4
ARTICLE 3
MANAGEMENT RIGHTS
4 -5
ARTICLE 4
NON - DISCRIMINATION
6
ARTICLE 5
NO STRIKES OR LOCKOUTS
6
ARTICLE 6
DUES CHECK -OFF
7
ARTICLE 7
UNION STEWARD
7
ARTICLE 8
MAINTENANCE OF DISCIPLINE
8
ARTICLE 9
GRIEVANCE AND ARBITRATION PROCEDURE
8 -11
ARTICLE 10
SICK LEAVE
11 -12
ARTICLE 11
ANNUAL LEAVE
12 -13
ARTICLE 12
FUNERAL LEAVE
13
ARTICLE 13
HOLIDAYS
13 -14
ARTICLE 14
HEALTH INSURANCE
14
ARTICLE 15
HEALTH AND SAFETY
14 -15
ARTICLE 16
UNIFORMS AND SAFETY EQUIPMENT
15
ARTICLE 17
WAGES
15
ARTICLE 18
LONGEVITY BONUS
15 -16
ARTICLE 19
PERFORMANCE EVALUATION
16
ARTICLE 20
CLASSIFICATION APPEAL
16 -17
ARTICLE 21
SERVICES TO THE UNION
17
ARTICLE 22
CALL BACK
18
ARTICLE 23
SEVERABILITY CLAUSE
18
ARTICLE 24
PERSONNEL AND REGULATIONS
18
ARTICLE 25
COMPLETE AGREEMENT AND WAIVER
18
OF BARGAINING
ARTICLE 26
PROHIBITION AGAINST REOPENING
18 -19
OF NEGOTIATIONS
ARTICLE 27
RULES AND REGULATIONS
19
2
TABLE OF CONTENTS
ARTICLES
PAGE
ARTICLE 28
EMPLOYEE AND UNION COOPERATION
19
ARTICLE 29.
VEHICLE AND EQUIPMENT ABUSE
19
ARTICLE 30
OFF DUTY EMPLOYMENT
19 -20
ARTICLE 31
DRUG AND ALCOHOL TESTING
20
ARTICLE 32
COURT TIME
21
ARTICLE 33
LAYOFF AND RECALL
21 -22
ARTICLE 34
REPRESENTATION DURING NEGOTIATIONS
22
ARTICLE 35
EMERGENCIES
23
ARTICLE 36
LABOR MANAGEMENT COMMITTEE
23
ARTICLE 37
PENSION BENEFITS
23 -25
ARTICLE 38
WORK IN HIGHER CLASSIFICATION
25
ARTICLE 39
TERM OF AGREEMENT
i
26
3
ARTICLE 1
AGREEMENT
Section 1: This Agreement is entered into by the City of South Miami, hereinafter
referred to as the City, and the American Federation of State, County and Municipal
Employees, AFL -CIO, City Employees Local 3294, hereinafter referred to as the Union.
Section 2: It is the purpose and intention of this Agreement to provide for salaries, fringe
benefits and other terms and conditions of employment except as otherwise provided by
Constitution, Statute, Charter, Ordinance, Administrative Order or Personnel Rules and
Regulations. It is further the intention of this Agreement to prevent interruption of work and
interference with the efficient operation of the City of South Miami and to provide an orderly,
prompt, peaceful and equitable procedure for the resolution of grievances and the promotion of
harmonious relations between the City of South Miami and the Union.
Upon ratification, the provisions of this Agreement will supercede Personnel Rules, or.
Administrative Orders, and /or other rules and regulations in conflict herewith.
ARTICLE 2
RECOGNITION
The City hereby recognizes the union as the exclusive bargaining representative of all
regular, full time employees employed as equipment operators, laborers, sanitation engineers
and supervisors, custodial workers, parks and grounds workers and supervisors, maintenance
workers and supervisors, paint and body workers, building maintenance workers and
supervisors, maintenance mechanics and supervisors, carpenters, and motor equipment
operators and code enforcement officers employed by the City of South Miami, but excluding all
secretarial employees, professional employees, managerial employees, and confidential
employees.
ARTICLE 3
MANAGEMENT RIGHTS
Section 1: The Union recognizes that management possesses the sole right, duty and
responsibility to operate and manage the City and direct the work force; and the rights,
authority, and discretion which the City deems necessary to carry out its responsibilities and
missions shall be exercised consistently with these terms. Any term and condition of
employment other than wages and benefits not specifically established or modified by this
Agreement shall remain solely with the discretion of the employer to modify, establish or
4
eliminate, provided such are exercised consistently with the provisions of Prevailing Benefits, as
provided in the current Personnel Rules and Regulations, adopted February 05, 2008.
Section 2: These rights and powers include, but are not limited to the authority to:
a. determine the missions and objectives of the City;
b. determine the methods, means and number of personnel needed to carry
out departmental responsibilities;
C. direct the work of the employees, determine the amount and type of work
needed, and in accordance with such determination relieve from duty
because of lack of funds or lack of work;
d. discipline or discharge employees for cause;
e. schedule operations and shifts;
f. introduce new or improved methods, operations and facilities;
g. hire, examine, classify, promote, train, transfer and assign employees;
h. schedule and assign overtime work as required;
i. determine the utilization of technology;
j. merge, consolidate, expand, or curtail or discontinue temporarily or
permanently, in whole or in part, operations whenever in the sole
discretion of the City, makes- in good business judgment such -
curtailment or discontinuance advisable;
k. contract or subcontract any existing or future work;
I. the City will make every effort to notify the union. of the contracting out or
privatization of service involving classes within the bargaining unit within
60 days after the City decides to contract out or privatize services. The
City shall furnish the union a copy of any Request for Proposal (RFP) to
contract or privatize services;
M. reduce, assign, or cease any existing job covered in the current
Personnel Rules and Regulations;
n. determine whether and to what extent the work required in its operation
shall be performed by the employees covered by this Agreement.
5
ARTICLE 4
NON - DISCRIMINATION
Section 1: It is agreed that there shall be no discrimination against any employee
covered by this Agreement, by either the Union or the City because of race, color, sex, age,
national origin, religion, disability, sexual orientation, membership in the Union, or non-
membership in the Union. The parties further agree that the City may take any and all action in
order to fully comply with the Americans with Disabilities Act.
Section 2: All employees covered by this Agreement shall have the right to join the
Union as well as the right not to join the Union. Neither the Union nor its members or agents
shall interfere with, restrain, or coerce employees into membership in the Union. The Union
and the City shall not discriminate against any employee because of that employee's
membership or lack of membership in the Union or by virtue of the employee holding office or
not holding office in the Union.
4RTH -1 G R
NO STRIKES OR LOCKOUTS
Section 1: There will be no strikes, work stoppages, picketing while working or while in
City uniforms, slowdowns, boycotts, or concerted failure, or refusal to perform assigned work by
lockout by the City for the duration of this Agreement. The Union supports the City fully in
maintaining efficient operations.
Section 2: It is recognized by the parties that the City is responsible for and engaged in
activities which are the basis of the health and welfare of the citizens of the City and that any
violation of this Article would give rise to irreparable damage to the City and the public at large.
Accordingly, it is understood and agreed that in the event of any violation of this Article, the City
shall be entitled to seek and obtain immediate injunctive relief.
Section 3: Informational picketing is that picketing permitted solely for the purpose of
conveying to the general public the Unions position in the labor dispute.
Section 4: In the event of a strike, work stoppage or interference with the operation
and /or accomplishment of the mission of the City, the Union shall promptly and publicly order
the employees to return to work and attempt to bring about a prompt resumption of normal
operations.
tel
ARTICLE 6
DUES CHECK -OFF
Section 1: Upon receipt of a lawfully executed written authorization from an employee, the
City agrees to deduct the regular Union dues of such employee from his regular pay and remit
such deduction to the duly elected Treasurer of the Union within thirty (30) days from the date
of deduction. The Union will notify the City in writing thirty (30) days prior to any change in the
regular Union dues structure.
Section 2: An employee may revoke his /her Union dues deduction in accordance with
Florida Law 447.303.
Section 3: The Union agrees to indemnify and hold the City and any of its agents or
Commission members harmless against any and all claims, suits, orders or judgments brought
or issued against the City as a result of any action taken or not taken by the City under the
provisions of this Article.
ARTICLE 7
UNION STEWARD
}
Section 1: The Union has the right to select an employee from within the Bargaining Unit,
as herein defined, to act as Union Steward. The name of the Union Steward and alternate
-designee shall be certified;-in writing, to-the City Manager by- the. :Union It- is- agreed and
understood by the parties to this Agreement, that the Union Steward may, without loss of pay,
with prior approval of his supervisor, process grievances. The supervisor's approval shall not
be unreasonably withheld. It is agreed to and understood by the parties to this Agreement that
there shall not be more than one (1) Steward and one (1) alternate Steward within the
Bargaining Unit, as herein defined. It is agreed to and understood by the Union that the Union
Steward shall process grievances and conduct his /her other duties in such a manner that does
not disrupt normal City activities, work production and services.
Section 2: Every effort will be made, by both the City of South Miami and the Union, to
allow the Union Steward to investigate grievances as rapidly as possible, preferably on the
same date as the grievance becomes known, and within at least twenty -four (24) hours. The
investigation of a pending grievance or personal contact of the employee during work time by
the Union Steward shall not be done without first receiving prior approval from both employees'
supervisors. Approval shall not be unreasonably withheld.
Section 3: In no event shall the department layoff, discharge, or discriminate against a
Steward for action taken in the performance of his /her duty as a Steward.
7
ARTICLE 8
MAINTENANCE OF DISCIPLINE
Section 1: Whenever it is alleged that an employee has violated any rule, regulation or
policy, or upon the discovery of the violation, the employee shall be immediately notified by
his /her supervisor of said violation. Every effort shall be made to have an informal discussion
with the employee prior to the issuance of any disciplinary action.
Section 2: There shall be no Performance Report, Evaluation Statement, or Reprimand
placed in an employee's personnel folder unless the employee has been given a copy at the
same time it is placed in the file.
Section 3: All matters concerning discharge and discipline are to be resolved only in
accordance with the procedures set forth below. It is specifically agreed and understood that
probationary employees shall have no right to challenge disciplinary action.
Section 4: An employee may choose to appeal the discipline as provided in Section
Five (5), only one (1) procedure is applicable. if within five (5) , epkiRg days of r°r°iVin„ the
Section 5: if the grievanEe -pr4Ge d e is ^h^ ° ° ^. The grievance steps contained in
the City Manager by submitting a written request to arbitrate within five (5) working days after
receipt of the City Manager's written decision.
ARTH-1 F Q
GRIEVANCE AND ARBITRATION PROCEDURE
Section 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 and that such procedure shall cover grievances
involving the application or interpretation of this Agreement.
Section 2: 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 this Article, his /her grievance shall be considered conclusively abandoned. Any
grievance not answered by management within the prescribed time limits shall automatically
advance to the next higher step.
Section 3: Grievances shall be presented in the following manner:
f3
1. The employee shall first take up his /her grievance with his immediate supervisor
(i.e., supervisor excluded from the Bargaining Unit) within ten (10) business days of the
occurrence of the event (s) which gave rise to the grievance. This first step (between the
employee and his immediate supervisor) shall be on an informal and oral basis, and may
involve the Employee Organization or any other representative of the employee;
2. Any grievance, which cannot be satisfactorily settled with the immediate
supervisor, shall be reduced to writing by the employee and shall next be taken up with his
Department Head. Such grievance shall be presented to the Department Head, in writing,
within ten (10) business days of the deadline date for the completion of Step (1). The
Department Head shall, within ten (10) business days after presentation of the grievance (or
such longer period of time as is mutually agreed upon), render his decision on the grievance in
writing;
3. In the event the employee is not satisfied with the disposition of the grievance in
Step (2), he shall have the right to appeal the Department Head's decision to the City Manager,
or his designee, within ten (10) business days of the issuance of the Department Head's
decision. Such appeal must be accompanied by the filing of a copy of the original written
grievance together with a letter signed by the employee. The employee may also opt to have
>, the representative = of r -the- Employee- lorganizatiorr to request- hat the - Department ::Head's
decision be reversed or modified. The City Manager, or his designee, shall within ten (10)
business days of the appeal (or some longer period as is mutually agreed upon) render his
decision in writing, with a copy to the Employee Organization.
4: Where a grievance is general in nature in that it applies to a number of
employees rather than a single employee, or if the grievance is directly between the Employee
Organization and the City, such grievance shall be presented in writing directly to the
Department Head within ten (10) business days of the occurrence of the event (s) which gave
rise to the grievance. The grievance shall be signed by the aggrieved employees or the
President or representative of the Employee Organization. Thereafter, the grievance shall be
processed in accordance with the procedures set forth in Step (2) and Step (3).
5: Grievances or complaints involving discharge, suspension, demotion or other
disciplinary action invoked by the City, shall be appealable only through the procedures set forth
in the Maintenance of Discipline Article.
9
6: In the event a grievance processed through the grievance procedure has not
been resolved at Step (3), either party may request that the grievance be submitted to
arbitration within fifteen (15) business days after the City Manager, or his designee, renders a
written decision on the grievance. 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, the parties shall jointly request the American Arbitration Association to
furnish a panel of five (5) names from which each party shall have the option of striking two (2)
names in alternating fashion, thus leaving the fifth (5th) which will give a neutral or impartial
arbitrator.
7: The City and the employee (or the Employee organization) 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 particular 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,-ru le' upow any-matter, which isa•- 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 supercede applicable laws in
existence at the time of signing of this Agreement, except to the extent as specifically provided
herein.
8: Consistent with the provision of the Florida Public Employees Relations Act,
Chapter 447, et seq., it is mutually acknowledged and agreed that this collective bargaining
agreement shall be administered within the amounts appropriated by the City Commission for
funding of the collective bargaining agreement. Accordingly, and not withstanding any other
provisions of this collective bargaining agreement, the arbitrator shall have no authority, power,
or jurisdiction to construe any provisions of law, statute, ordinance, resolution, rule or
regulation, or provision of this collective bargaining agreement to result in, obligate, or cause
the City to have to bear any expense, debt, cost or liability except for the expense of arbitration,
by both parties, and the economic benefits provided by this Agreement, which result directly or
indirectly, in the City exceeding the amounts appropriated and approved by the City
10
Commission for the funding of this collective bargaining agreement as agreed upon by the
parties. Any such award which contravenes or is not in compliance with the provisions of this
paragraph shall be null and void.
9: Each party shall bear the expense of its own witness (es) and of its own
representatives for the purpose 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 said cost.
10: The parties shall make their choice of the impartial arbitrator within ten (10)
business days after the receipt of the panel from the American Arbitration Association. 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) days of the close of the arbitration
hearing. The arbitrator's award shall be final and binding on the parties.
11: No probationary employee shall be entitled to utilize the PeFSGRRel BGaF d () �
the grievance /arbitration procedure herein on any matter- involving discharge, suspension,
demotion or other disciplinary action.
ARTICLE 10
Section 1: The City agrees to institute a sick leave reimbursement plan, which would
reimburse employees for unused sick leave when they retire or resign, in accordance with the
following schedule:
Date of hire to five (5) years of service ................................ .............................0%
Five (5) years to ten (10) years of service ........................... ............................25%
Ten (10) years to fifteen (15) years of service ................... ............................50%
Fifteen (15) to twenty (20) years of service ......................... ............................75%
Over twenty (20) years of service ....... ............................... ...........................100%
Section 2: Sick leave is a protection to be used by employees when needed for illness.
Sick leave is not a benefit to be used at the employee's discretion as though it were annual
leave; rather, sick leave is a privilege, which shall be allowed only in a case of illness. The
employee must specifically request sick leave -use.
Section 3: Current employees will be eligible to receive the sick leave payout, with the
existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after
October 1, 1995, will not be eligible to receive any sick leave payout.
11
Section 4: 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
(3) of this Article.
Section 5: All current employees, as of October 1, 1995, will retain current payout
provision upon termination of employment and will have no cap on sick 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. All employees who have attained a sick leave
balance of a minimum of 36 days (288 hours) shall be eligible on their first anniversary date
following that accumulation to convert up to 32 hours of their annual unused sick leave balance
in excess of 288 hours to vacation leave. An employee who uses in excess of 32 hours of sick
leave during a one -year period will not be eligible for this benefit.
Section 6: Effective October 1, 2001, employees covered under this Agreement shall be
eligible to receive an additional day off for not using sick leave during that calendar year.
ARTICLE 11
ANNUALLEAVE
Section 1: Employees shall earn and receive annual leave at their respective classified
rate of pay in accordance with the following schedule:
One to five years inclusive
12 working days
Six to fourteen years inclusive
15 working days
Fifteen to nineteen years inclusive
18 working days
Twenty years and over
21 working days
Section 2: No vacation pay shall be allowed until an employee has worked at least one
(1) continuous 12- month period. At the end of the 12 -month period, the employee shall be
entitled to twelve (12) working days.
Section 3: It shall be mandatory for each employee to use all earned vacation time
each year, on or before his next anniversary date. Everything over that will be cancelled.
Under exceptional circumstances and upon written request within the year in which the
vacation is due, and with the approval of the City manager, vacation time may be extended
for one year only.
Section 4: Vacation leave may be taken to the extent that it is earned by an employee,
only with the prior approval of the department head, upon written application by the employee in
advance, and at the convenience of the City.
12
Section 5: Any earned and credited vacation leave to the credit of an employee when
terminating employment with the city will be paid pro -rata at the employee's current rate of pay
with the last paycheck received.
Section 6: Any employee covered by this Agreement who has over twenty years of
uninterrupted service shall accumulate one additional day of annual leave per year of service.
ARTICLE 12
FUNERALLEAVE
1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a
maximum of four (4) work days in the event of a death in the employee's family. Two (2)
additional days of leave may be granted if travel is out of state.
2. The immediate family shall be defined as wife or husband, domestic partner, grandparents,
parents, children, grandchildren, brothers, sisters, father -in -law, mother -in -laws, brother -in-
law and sister -in -law.
3. Proof of death in the immediate family in the form of death certificate or public obituary must
be provided to the City Manager or their designee before compensation is approved.
4. Funeral leave shall not be charged to sick leave or annual leave.
Paid Holidays
are:
January 1
New Year's Day
3rd Monday in January
Martin Luther King Day
3rd Monday in February
Presidents Day
Last Monday in May
Memorial Day
July 4
Independence Day
1st Monday in September
Labor Day
November 11
Veteran's Day
Last Thursday in November
Thanksgiving Day
Friday following Thanksgiving Day
1/2 December 24
Christmas Eve
December 25
Christmas
Birthday
After one year of service
Floating holiday
After one year of service
When a holiday falls on a regularly assigned day off for an employee, such employee
shall be compensated by another day off.
When a holiday falls on a Sunday, the following Monday shall be observed and when it
falls on a Saturday, the proceeding Friday shall be observed.
13
Each employee shall be entitled to a day off, with pay, for his birthday each year,
following one year of continuous employment. The day off is to be taken within a reasonable
time and will be determined by the supervisor and employee. Approval /denial of the requested
day off shall not he made in an arbitrary and capricious manner.
Each employee shall be entitled to a day off, with pay, as a floating holiday each year,
following one year of continuous employment. The supervisor must approve the day off.
In order to be eligible for holiday pay, the employee must work the scheduled workday
before and the scheduled workday after the holiday.
ARTICLE 14
HEALTH INSURANCE
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 two plans. The City will also 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.
ARTICLE 15
HEALTH AND SAFETY
- - Section 1 The parties-agree that.it is in the best interests of the City -and its-employe-es,:.
to provide safe and sanitary working conditions. The City and the Union insist on the
observation of safe rules and safe procedures by employees. Failure of employees to comply
may result in disciplinary action. If an employee believes he is being required to work under life
threatening unsafe conditions or in a situation where a serious safety violation exists, he shall
immediately notify his supervisor who will investigate the condition and take appropriate action,
if necessary.
Section 2: Safe Driving Awards. Any employee covered by this Agreement who drives
or operates motor equipment twenty -five percent of the time in the performance of their duties
shall be eligible to receive a safe driving certificate and a $25 bonus in December if the
following criteria is met: Must have no preventable accidents /violations or chargeable accidents
within that calendar year. Employees shall be held accountable for accidents that are found to
be preventable. The City Manager or designee shall determine whether accidents were
preventable.
Section 3: An employee shall receive a copy of the on the Job Injury Report after the
report has been read to the employee and after the employee has signed the report. Neither
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the City, Union nor any individual employee shall refuse to report an injury nor dissuade an
employee from reporting an injury.
ARTICLE 16
UNIFORMS AND SAFETY EQUIPMENT
Section 1: Safety Equipment. Employees of the Public Works Department shall be
issued two (2) pairs of safety shoes per man for use at work each year. In addition to safety
shoes, the following safety equipment shall also be used by unit employees: safety gloves, eye
goggles, safety vests, life vests (boat), hard hats, safety harnesses, and safety belts (vehicle).
Employees who sign for and receive safety equipment shall use it in a safe manner, as directed
by the Public Works Director. Employees are responsible for using safety equipment properly.
If an. injury occurs because an employee did not use safety equipment properly, the employee
may be disciplined.
Section 2: Uniforms: Each employee shall receive four (4) pair of pants, ten (10) work
shirts, per person each year.
Section 3: Gloves: Each employee shall receive two (2) pairs of gloves per year. In
extreme (circumstances, the Public Works Director will determine if the employee requires an
additional pair during the year.
III : - ,IT _ °'Section 4. -- The --Cit shall issue =a 1jacket of qualityz com arable Ito that, used b the, Police..-
Department to each employee covered by this Agreement. Furthermore, safety shoes will be
replaced as necessary to maintain safety standards of the Department.
ARTICLE 17
WAGES
All bargaining unit employees who are employed in positions covered by the unit on the date
this Agreement is ratified by the City Commission shall receive the following: All bargaining unit
members shall receive a three percent (3 %) across the board COLA increase for Fiscal Year
2007/08 retroactive to October 1, 2007.
ARTICLE 18
LONGEVITY BONUS
Employees covered by this Agreement with 10 years of continuous satisfactory full
time service shall receive a longevity bonus of 3% of the employee's base salary on their
anniversary date (Longevity 1). After 15 years of continuous satisfactory full time service an
additional 3% will be compounded (Longevity 2). After 20 years of continuous satisfactory full
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time service an additional 3% will be compounded (Longevity 3). After 25 years of continuous
service with the City, all bargaining unit employees who are employed in positions covered by
this unit shall receive an additional longevity step, which is 3% of their salary compounded
(Longevity 4).
ARTICLE 19
PERFORMANCE EVALUATION
During the term of this Agreement, all employees shall be evaluated on their
anniversary date (or as close thereto as possible It is understood and agreed that no employee
covered hereunder shall receive a merit wage adjustment, which would bring him above the top
of the salary range in his /her job classification. All newly hired employees will have a one year
probationary period. Should an employee covered hereunder reach the top of the salary range
in his job classification, he shall be "red - lined" and shall not be eligible for a merit increase. All
employees who are eligible to receive a merit increase (i.e., who are not at the top step of their
classification) and who receive a satisfactory (or above) evaluation on their anniversary date
shall receive a merit increase of five percent (one- step). Any employee receiving an overall
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evaluation of improvement needed or unsatisfactory shall not, at that time, receive a merit
increase. Said employee shall be reevaluated within no more than ninety (90) days from the
first---"evaluation. If the employee is found = to be ~:satisfactory =at that-.time,-:the :employee- _s.hall -
receive the merit increase as of the date of the second evaluation. All newly hired employees
will be given an interim evaluation after six (6) months. The anniversary date for future
evaluations shall be changed to the date of the second evaluation. In the event that the
employee remains unsatisfactory after the second evaluation, the City Manager may take such
further action, as it deems appropriate to improve the evaluation. In the event that an employee
is dissatisfied with a below satisfactory evaluation, the employee may, within five (5) working
days of receiving his evaluation, file a written appeal to the City Manager. The City Manager
shall hold a meeting with the employee and a union representative if desired and shall
thereafter issue his decision. The City Manager's decision shall be final and binding and shall
not be subject to review.
ARTICLE 20
CLASSIFICATION APPEAL
Section 1: Whenever an employee has reason to believe that he /she is misclassified,
he /she may apply for a review of his /her classification by submitting such a request in writing to
his /her department head. The request shall include proposed job description. Within 20
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calendar days of receipt of the request, the department head shall forward the request, with any
comments that the department head wishes to make, to the City Manager.
Section 2: Within 30 days of receipt of the request for reclassification, the City
Manager shall meet with the employee (and, if the, employee requests, a representative of
his /her choosing). At the meeting, the employee may produce any documents to support
his /her request for reclassification. Within 30 calendar days of such meeting, the City Manager
shall render his decision in writing.
Section 3: If the City Manager determines that an employee is misclassified, the
employee shall be placed in a current appropriate classification (as determined by the City
Manager), unless the City Manager determines that there is no existing appropriate
classification. In such cases, the City Manager shall recommend to the City Commission that a
new classification, job description, and pay range be adopted. In the event that a request for
reclassification is granted, the employee shall receive the new compensation beginning with the
date of the City Manager's decision. I
Section 4: The City Manager's decision shall be final and is not grievable.
Section 5: Employees may not submit a request for reclassification more than once
every twelve (12) months.
SERVICES TO THE UNION
Section 1: The City agrees to furnish the Union, once a year, one copy of the following
regarding employees in the bargaining unit:
a) Names, addresses, classifications, and social security numbers; and
b) List of employees by occupation.
Section 2: The City will furnish the Union with sufficient bulletin board space for up to
four (4) Union notices, size 8 -1/2 X 14 at the following two (2) locations: Public Works and the
employee lounge. It is intended for the purpose of interpretation that the bulletin boards shall
be provided primarily for employee information and internal communications and not for the
primary purpose of communicating with the general public. The Public Works Director must
first approve anything that the Union wishes to post on the bulletin board.
ARTICLE 22.
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CALL BACK
Employees called back to work shall be guaranteed a minimum of three (3) hours pay,
of which shall be considered hours worked for the purpose of determining overtime
compensation, providing -such work does not immediately precede or immediately extend the
employees regularly assigned work shift.
ARTICLE 23
SEVERABILITY CLAUSE
Should any provision of this collective bargaining agreement, or any part thereof be
rendered or declared invalid by reason of any existing or subsequently enacted 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.
ARTICLE 24
PERSONNEL RULES AND REGULATIONS
The Personnel Rules and Regulations of the City of South Miami as published in the City's
Handbook dated and adopted February 5, 2008 are hereby incorporated into this contract in its
entirety.
ARTICLE 25
COMPLETE - AGREEMENT : AND WAIVER OF BARGAINING _
Section 1: It is agreed and understood that this Agreement constitutes the complete
understanding between the parties, concluding all collective bargaining during its term, except
as may otherwise be specifically provided herein. The entire Agreement may be reopened for
negotiations in the event any portion of it is not approved by the City Commission of South
Miami, or funds are not available for its implementation.
Section 2: It is understood and agreed that if any part of this Agreement is in conflict
with mandatory Federal or State Laws or mandatory provisions of the City Charter or
Ordinances, such parts shall be re- negotiated and the appropriate mandatory provisions shall
prevail.
ARTICLE 26
PROHIBITION AGAINST REOPENING OF NEGOTIATIONS
Except as specifically provided herein, neither party hereto shall be permitted to
reopen or renegotiate 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,
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and all other matters, which have been, or could have been negotiated by and between the
parties prior to the execution of this Agreement.
ARTICLE 27
RULES AND REGULATIONS
Section. 1: It is agreed and understood that the City has Rules and Regulations
governing employment. Said Rules and Regulations shall be formulated, amended, revised
and implemented in the sole and exclusive discretion of the City, provided, however, that said
new, amended, revised, and implemented rules or regulations will be neither arbitrary nor
capricious.
Section 2: The City shall provide a copy of any new rule or regulation, as well as any
amendment or revision to a rule or regulation to the Union. Said rules or regulations will be
provided prior to their effective date, if possible. As provided in Section 1, the Rules and
Regulations will be formulated, amended, revised and implemented in the sole and exclusive
discretion of the City. However, the Union may submit a written request to bargain over the
impact of the new and /or revised rule or regulation within fourteen (14) calendar days from
receipt of the rule or regulation. The City agrees that it will immediately participate in
requested impact bargaining, provided that the effective date of the and /or revised rule or
_ - --regulation WIl.-not-1b&-deIayed:,uritiI after the complication of impact
ARTICLE 28
EMPLOYEE AND UNION COOPERATION
The Union agrees that it and all of the members of the bargaining unit will, at all times,
work in the best interests of the City and further, will perform efficient work and put forth their
best efforts toward obtaining lowest possible operating costs to protect the properties and serve
the best interests of the City and its residents.
ARTICLE 29
VEHICLE AND. EQUIPMENT ABUSE
If an employee abuses vehicles or equipment, the employee will be subject to
discipline in accordance with the Discipline policy.
ARTICLE 30
OFF DUTY EMPLOYMENT
Employees shall be permitted to work off duty jobs with the prior approval of the City
Manager. Off duty jobs that have hours that conflict with the employee's regular shift, that
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present conflicts of interest, etc. shall not be approved. However, approval of off -duty
employment shall not be unreasonably withheld.
ARTICLE 31
DRUG AND ALCOHOL TESTING
Section 1: The City and the Union recognize that employee substance and alcohol
abuse has an adverse impact on City government, the image of City employees, the general
health, welfare and safety of employees, and to the general public at large. Therefore, it is in
the best interest of the parties to negotiate over the subject of drug and alcohol testing.
Section 2: Using, selling, possessing or being under the influence of drugs or
controlled substances while at work is prohibited. Employees are further prohibited from
consuming alcohol and drugs on duty and /or abusing alcohol and drugs off duty to the extent
that such use and /or abuse tends to have an effect upon the performance of their job functions.
Section 3: The City may require any employee to submit to a blood analysis, urine
analysis, and /or intoxalyzer, when it has a reasonable suspicion that an employee is under the
influence of or using alcohol, drugs or narcotics and /or when an employee ris involved in an
accident (i.e., automobile or other injury).
Section 4: All bargaining unit employees covered by this Agreement have agreed to
notification for alcohol and drug testing. Random drug testing may occur not more than twice
per employee per year.
Section 5: The parties agree that an employee's refusal to submit to drug or alcohol
testing in accordance with the provision of this Article may result in disciplinary action being
taken against the employee up to and including dismissal.
Section 6: At the conclusion of the drug and alcohol testing, the City may take
whatever action, if any, it deems appropriate. In the event that said action is in the form of
discipline, the employee may grieve said disciplinary action through the contractual
grievance /arbitration procedure.
Section 7: It is further understood and agreed that all issues pertaining to Drug and
Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and
Personnel Rules and Regulations adopted February 05, 2008.
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ARTICLE 32
COURT TIME
Any employee who is subpoenaed to testify at a court trial in a matter arising out of the
performance of his /her official job duties, or who is required to serve on a State of Florida or
federal court jury, will be paid his /her straight time rate for each scheduled work day lost, minus
any compensation received from the court or witness fees. Employees released by the court
shall report back to work, unless they are relieved within two (2) hours of the end of the
employee's shift. Upon return to work, employees shall furnish evidence of time release to the
Finance Department.
ARTICLE 33
LAYOFF AND RECALL
Section 1: A layoff shall be deemed to have occurred when the City, within its sole
discretion, announces that it is laying off employees for lack of work, or lack of funds.
Section 2: The City agrees to notify the Union of the names of employees being laid-
off at the same time notice is provided to the affected employees or immediately thereafter.
Section 3: Employees to be laid off shall be given at least fourteen (14) calendar days
notice of the layoff, or shall be given wages in lieu of notice, or a combination thereof.
- r Section 4: The - Ci #y-Manager or-his'desig nee- shall designate the job classifications in
which the layoffs shall occur and the number of employees within each classification to be laid
off. Employees shall be laid off by job classification and, within each classification, by
bargaining unit seniority. However, no regular employee shall be separated from his /.her
classification while there are emergency, provisional, probationary, or temporary employees in
the classification in which the layoff(s) is occurring.
Section 5: Any employee covered by this Agreement who is affected by a layoff shall
have the right to displace any employee with less bargaining unit seniority in any lower rated
classification covered by this Agreement, provided that said employee is immediately qualified
to perform the necessary services to be performed in that lower rated classification. The City
manager and /or Department Director shall determine lower rated classifications and whether
the affected employee is immediately qualified to perform the necessary services to be
performed in that lower rated classification. Such determinations shall be made in the sole
discretion of the City Manager and /or Department Director and shall be final and binding.
When an employee elects to "bump" into a lower rated classification, said employee will be paid
the rate of pay of that lower rated classification.
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Section 6: Employees who have been laid off will have the recall rights specified in
this section for a period of time not to exceed twelve (12) months.
(A) Employees shall be recalled according to bargaining unit seniority into the
classification from which the employee was laid off or into a lower rated classification covered
by this Agreement, provided that the employee is immediately qualified to perform the
necessary services to be performed in the employee classification or in the lower rated
classification. Determinations as to lower rated classifications and qualifications to perform
necessary services shall be made in the same manner as set forth in section 5 (above). All
employees who are recalled shall be required to pass a physical examination and a drug test.
(B) Employees on layoff shall be responsible to keep on file with the City
Manager's office the employee's current address. If an employee on layoff fails to keep his /her
current address on file as provided herein, the employee shall forfeit all recall rights.
Employees entitled to recall shall be notified of a vacancy by certified mail not less than seven
(7) calendar days prior to the date the employee is to report to work. A copy of the recall notice
shall be sent to the Union. A recalled employee shall be considered to have voluntarily
resigned if he /she fails to accept employment within fourteen (14) calendar days after the
notification is mailed by the City or fails to report to work as instructed. Thereafter, the
employee.
Section 7: An employee on layoff status does not accrue seniority but does retain
his /her accumulated seniority until recall. If recalled, the employee again begins to accrue
seniority.
ARTICLE 34
REPRESENTATION DURING NEGOTIATIONS
Section 1: The bargaining team for each party shall consist of not more than four (4)
persons. The Union will furnish the City with a written list of its bargaining team prior to the first
negotiation meeting.
Section 2: Prior to the first negotiation meeting, the Union shall designate up to two (2)
unit employees who will be paid their regular rate of pay for attending negotiations during work
hours. Such pay shall not exceed twenty (20) hours in each fiscal year.
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ARTICLE 35
EMERGENCIES
Section 1: The City Manager shall have the right, in his sole and exclusive discretion,
to determine if and to what extent an emergency situation exists with respect to City property
and /or to the citizens of the City. Immediately after making such determination, the City
Manager's office shall notify the Union of the decision, and, to the extent possible, the length of
time the emergency condition is expected to continue.
Section 2: During the declared emergency, all provisions of this Agreement may be
suspended. Any provision so suspended will be reinstated upon order of the City Manager after
the emergency has ended.
Section 3: Disputes concerning the Agreement arising during the declared emergency
shall not be subject to the grievance and arbitration procedure except disputes concerning
salary and wages.
ARTICLE 36
LABOR- MANAGEMENT COMMITTEE
There shall be a Labor - Management Committee consisting of no more than two
management representatives designated by the City Manager and no more than two bargaining
unit employees appointed -by- the - President of - tbe,Union; The,- Labor- Management-Committe -e
shall meet as mutually agreed upon by the participants, but not less than quarterly.
The sole function of the Committee shall be to discuss general matters pertaining to
employee relations (e.g., safety issues). Thus, the parties agree that the purpose of the
Committee shall not be to discuss grievances or matters which have been the subject of
Collective bargaining. Each bargaining unit Committee member shall be paid his or her regular
salary for attendance at Committee meetings during the bargaining unit member's regular work
hours.
ARTICLE 37
PENSION BENEFITS
Section 1. The parties will form a joint Pension Committee to study the current pension
plan for bargaining unit employees and to suggest amendments, if any, to the City Commission
for consideration regarding changes to said plan. The parties may appoint up to three
members each to the Committee; however, one of the City's members shall be the City
Manager and one of the Union's members shall be the Staff Representative from AFSCME
Florida Council 79. If the parties are not able to reach agreement on recommendations to the
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City Commission, both sides of the Committee may issue separate recommendations. The
recommendations are not binding on the City Commission. Each bargaining unit Committee
member shall be paid his or her regular salary for attendance at Committee meetings during the
bargaining unit member's regular work hours.
Section 2: The following changes in the pension are as follows:
a. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased
from 1.6 to 1.8 %.
b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased
from 1.8 to 2.0 %.
c. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased
from 2.0 to 2.25 %.
d. Effective October 1, 1998, the benefit accrual rate (multiplier) shall be increased
from 2.25 to 2.5 %.
e. Effective October 1, 1999, the benefit accrual rate (multiplier) shall be increased
from 2.5 to 2.75 %.
Section 3: All bargaining unit employees who are employed in positions covered by
the unit on the date of this agreement shall receive the following pension plan improvements:
~� a. rThe} pension - ,multiplier= shal[° be -.increased to--2:- 125: % - effective October 1 2000; --for,
all bargaining unit members, as part of pension plan improvements, from their
pension participation date through September 30, 1996.
b. The pension multiplier shall be increased to 2.250 % effective October 1, 2001, for
all bargaining unit members as part of pension plan improvements, from their
participation date through September 30, 1997.
c. The pension multiplier shall be increased to 2.50 % effective October. 1, 2002, for
all bargaining unit members as part of the pension plan improvements, from their
participation date through September 30, 1998.
d. , the employee GentributiOR
to the retirement . laR wall he 7 Upon commencement of the second year of the
collective bargaining agreement and thereafter, should the total contribution be
actuarially determined to exceed 14 %, both the City and the employees will share
equally the excess amount (e.g., should the total contribution be actuarially
determined to be 16 %, the City shall contribute a total of 8.00 % and the employee
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shall contribute a total of 8.00 %. For full text, please see Ordinance 16 -08 -1951
adopted May 20, 2008 titled Pension Plan.
ARTICLE 38
WORK IN HIGHER CLASSIFICATION
An employee who is authorized by the Department Head to temporarily assume the
duties of a higher pay status classification for three (3) consecutive work days will receive the
pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is
higher) for all consecutive hours worked in the higher classification after the above - referenced
three (3) consecutive work days.
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ARTICLE 39
TERM OF AGREEMENT AND REOPENING
Section 1: This Agreement, having been ratified by the City Commission of the City of
South Miami and Local 3294, American Federation of State, County, and Municipal Employees,
AFL -CIO, shall be operative and effective as of its date of execution, and shall continue until
September 30, 2008.
Section 2: Either party may require, by written notice to the other, between April 1 st and
not later than June 1st discussions concerning modifications of this Agreement on non - financial
issues, one issue chosen by the Union, and one issue chosen by the City. If neither party shall
submit such written notice during the indicated period, this Agreement shall automatically be
renewed, in its entirety, for the following fiscal years thereafter.
THIS AGREEMENT signed this _
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 3294
Ajibola W. Balogun, City Manager
Approved as to form:
James Crosland,
day of 12008.
CITY OF SOUTH MIAMI
Date:
Bryant Miller Olive, P.A.
Labor Counsel to the City of South Miami
American Federation of State, County and Municipal Employees.
go
go
Doug Baker, AFSCME Representative
John Maresca, AFSCME Representative
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Date:
Date: