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HomeMy WebLinkAboutR-96-0939J-96-1330 12/20/96 9 6 r- 939 RESOLUTION N0. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, MODIFYING THE EXISTING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FRATERNAL ORDER OF POLICE, (FOP), LODGE 20, IN EFFECT FOR THE PERIOD OF OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1998, PURSUANT TO RESOLUTION NO. 95-225, ADOPTED MARCH 27, 1995, BY THE CITY COMMISSION; SAID MODIFICATION TO PROVIDE FOR: A DEFERRAL OF THE FOUR PERCENT (00 SALARY INCREASE, PREVIOUSLY DUE IN JANUARY 1997, TO SEPTEMBER 1998; A REDUCTION OF WORKERS' COMPENSATION SUPPLEMENTAL PAY; A REDUCTION IN THE CITY CONTRIBUTION TO THE FOP HEALTH TRUST FOR FISCAL YEARS 1996-97 AND 1997-98; A DEFERRAL ON UNIFORM ISSUES FOR FISCAL YEAR 1996-97 AND A PARTIAL UNIFORM ISSUE IN FISCAL YEAR 1997-98; THE ESTABLISHMENT OF A SEVEN YEAR REPLACEMENT SCHEDULE FOR VEHICLES UNDER THE TAKE HOME VEHICLE PROGRAM; THE ESTABLISHMENT OF A ROUTINE PREVENTIVE MAINTENANCE PROGRAM FOR THE TAKE-HOME VEHICLES AND THE REQUIREMENT THAT EMPLOYEES BEAR THE COST OF ROUTINE PREVENTIVE MAINTENANCE ON ASSIGNED VEHICLES; THE ELIMINATION OF THE WASHINGTON'S BIRTHDAY HOLIDAY FOR CALENDAR YEARS 1997 AND 1998; A REDUCTION OF EARNED PERSONAL LEAVE FROM 14 HOURS TO 10 HOURS IN CALENDAR YEAR 1997 AND THE ELIMINATION OF EARNED PERSONAL LEAVE UNDER ARTICLE 22 FOR CALENDAR YEAR 1998; THE REIMBURSEMENT FOR ANNUAL PHYSICALS UP TO $175,000.00 FOR FISCAL YEARS 1996-97 AND 1997-98 TO THE CITY FROM THE FOP HEALTH TRUST; THE CANCELLATION OF THE 1997 WAGE REOPENER; AN AGREEMENT TO SUPPORT THE CITY IN UTILIZING FEDERAL FORFEITURE FUNDS/FINES TO FUND SPECIAL PROJECTS WITHIN THE MIAMI POLICE DEPARTMENT; THE ESTABLISHMENT OF AN OVERSIGHT HIRING COMMITTEE; THE ADOPTION OF REVENUE ENHANCEMENT AND COST CONTAINMENT MEASURES AND THE PROVISION OF A BI-MONTHLY STATUS REPORT. WHEREAS, the City of Miami and the Fraternal Order of Police (FOP), Lodge 20, the collective bargaining agent for members in Lodge 20 have entered into discussions that resulted in modifications to the existing collective j bargaining contract due to the City of Miami's fiscal crisis; and ATTACHMENTS) CONTAINED CITY COMMISSION MEETING OF DEC 2 3 1996 Resolution No. 96- 939 r WHEREAS, the Fraternal Order of Police (FOP), Lodge 20, has agreed that the four percent (4*) across-the-board increase previously due in January 1997 4 will be changed for receipt to the first pay period following September 1, 1998, and that the City shall only pay 80% of the employee's base i pay so that payment of the combination of workers' compensation and supplemental pay will be limited to 100t of the employee's regular base pay; and i WHEREAS, it is agreed that the City contribution to the FOP Health Trust will be reduced to 2.25 million dollars for Fiscal Year 1996-97 and to 2.48 f million dollars for Fiscal Year 1997-98 that uniform issuance for the Fiscal Year 1997 will be deferred and that uniform issuance for Fiscal Year 1997-98 j will be reduced by one-half; and WHEREAS, the FOP has agreed that the current replacement schedule for take-home vehicles will be increased from five to seven years, and that the i bargaining unit members will be required to provide routine preventive maintenance for their assigned vehicles, such maintenance expenses to be borne i by bargaining unit members; and WHEREAS, the FOP has agreed that the Washington Birthday holiday will be • i eliminated for calendar years 1997-98 and earned personal leave will be } i reduced from fourteen (14) hours to ten (10) hours for calendar year 1997 and earned personal leave under Article 22 for calendar year 1998 will be i eliminated, and WHEREAS, the FOP has agreed that the FOP Health Trust will reimburse the ' i City for annual physicals up to $175,000.00 for each Fiscal Year (1996-97•and 1997-98) and that the 1997 wage reopener in Article 44 of the collective 1 I t { bargaining agreement is deleted;,and -2- �i } WHEREAS, FOP supports utilizing federal forfeiture funds/fines to match City dollars to fund special projects within the Miami Police Department and has further agreed to the establishment of an Oversight Hiring Committee; and WHEREAS, the City and the City Commission have agreed to the implementation of the revenue enhancement and cost containment measures as set forth in the City Manager's Fair Share Matrix dated October 7, 1996, and to provide bi-monthly status reports; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to enter into a Memorandum of Understanding, in substantially the attached form, modifying the existing Collective Bargaining Agreement between the City of Miami and the Fraternal Order of Police, (FOP), Lodge 20, in effect for the period of October 1, 1995 through September 30, 1998, pursuant to Resolution No. 95-225, adopted March 27, 1995, by the City Commission, to provide for: the deferral of the four percent (4g) salary increase previously due in January 1997 to September 1998; the reduction of workers' compensation supplemental pay; the reduction of the City's contribution to the FOP Health Trust; a deferral of the 1996-97 uniform issue and a reduction of the 1997-98 uniform issue; the l establishment of a seven year replacement schedule for vehicles under the take-home vehicle program and the requirement that employees bear the cost of I routine preventive maintenance on assigned vehicles; the elimination of the Washington's Birthday holiday for calendar years 1997 and 1998; a reduction of i earned personal leave from 14 hours to 10 hours for calendar year 1997 and an elimination of earned personal leave under Article 22 in calendar year 1998; - 3 - 96- 939 { the reimbursement to the City for annual physicals up to $175,000.00 from the FOP Health Trust; the deletion of the 1997 wage reopener; an agreement to support the City in utilizing federal forfeiture funds/fines to fund special projects within the Miami Police Department; the establishment of an Oversight Hiring Committee; the adoption of revenue enhancement and cost containment measures and the provision of a bi-monthly status report. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of December 1996 ATTEST: c TER J. FO$ CITY CLERK PREPARED AND APPROVED BY: LINDA RICE CHAPMAN ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUINN-'JQNAS , I I I CITY ATTORMY W1335:LRC:mis:csk:bss - 4 - 0 CAROLLO, MAYOR i r MEMORANDUM OF UNDERSTANDING FOP, LODGE NO. 20 This Memorandum of Understanding is entered into between the City of Miami and the Fraternal Order of Police (FOP), Lodge No. 20 as it pertains to the future hiring of employees, City obligations and modifications of the 1995-1998 labor agreement between the City of Miami and FOP, Lodge No. 20. Labor Agreement Modifications (1) Effective upon ratification by the FOP bargaining unit and the City Commission, the four percent (4%) across-the-board salary increase effective the first full pay period following January 1, 1997, as specified in the 1995-1998 labor agreement, shall be changed for receipt beginning the first full pay period following September 1, 1998. (2) For those employees receiving workers' compensation indemnity benefits, in recognition that workers' compensation pay is not taxed the FOP agrees that effective upon ratification of this Agreement, the City shall only pay eighty (80%) percent of the employee's regular base pay. When added to the worker's compensation portion the employee will receive on the average one hundred (100%) of their salary not to exceed the weekly net base pay (excluding overtime and any pay supplements) received prior to the employee's line of duty injury, accident or occupational disease. The net pay may be adjusted for Court ordered payments. (3) Currently the City contributes approximately 3.6 million dollars annually to the FOP Health Trust. Effective upon ratification of the Agreement the City's contribution shall be reduced to approximately 2.25 million dollars annually for Fiscal Year 1996-97 and approximately 2.48 million dollars annually for Fiscal Year 1997-98. The reduction in 12/16/96 10:53 AM i 96- 939 r the City's contribution. he FOP Health Trust shall be accompi._ .ad through a reduction in the City's biweekly contribution beginning the pay period of December 22, 1996. The FOP agrees that for Fiscal Year 1996-1997 the City's biweekly contribution to the FOP Health Trust for single and family health coverage shall be reduced in the amount of $67,500 per pay period. Effective for Fiscal Year 1997-1998 it is agreed that the City's biweekly contribution to the FOP Health Trust for single and family health coverage shall be reduced in the amount of $42,949.65 per pay period. (4) Effective upon ratification of this Agreement, uniforms, as specified in Article 23 - Uniform Allowance, shall not be issued throughout the remainder of Fiscal Year 1996-1997. For Fiscal Year 1997-98 the FOP agrees to a half issuance of allotted uniforms as specified in Sections 23.4 and 23.6 of Article 23 - Uniform Allowance of the labor agreement. Uniforms may be allotted as determined by the Department based upon a demonstrated need of the employee. (5) Effective upon ratification of this Agreement the FOP agrees that the current replacement schedule under the 24 hour vehicle program will be increased from a five (5) year replacement schedule to a seven (7) year replacement schedule. (6) Effective upon ratification of this Agreement the FOP agrees that bargaining unit employees will be required at their expense to have routine preventative maintenance performed on their assigned city owned vehicle. Those maintenance items that bargaining unit employees will be required to have performed on their assigned vehicles shall include a lube, oil and filter 12 point service: check and refill, if necessary, of power steering fluid, radiator coolant reserve, transmission fluid, wiper fluid, brake fluid, adjustment of air tire pressure, wiper blades condition inspection, chassis lubrication, hood lubrication, door 12/16/96 10:53 AM 2 96W 939 4, rA hinge lubrication, oil cl. oe (API Service SF/CC RP'N,"`�iD-10 V� J energy conserving or 30-40 W), and quality replacement of oil filter, (motorcycle preventative maintenance shall include change of oil, change of all fluids and lubrication of chassis). Such preventative maintenance shall be performed every 5,000 miles (preventative maintenance for motorcycles shall be performed every 4,000 miles and K-9 vehicles every 3,000 miles) by an ASC certified vehicle maintenance center located within the City of Miami. All bargaining unit employees who are assigned a 24 hour vehicle will be required to maintain a vehicle maintenance log which is subject to inspection by the City. Bargaining unit employees will be required to submit copies of receipts of vehicle maintenance to fleet services. Bargaining unit employees who fail to provide the prescribed preventive maintenance shall be subject to disciplinary action including but not limited to: repair costs due to damage of their assigned vehicle, maintenance cost for not providing proper preventive maintenance and loss of their 24 hour vehicle. It is agreed by the FOP that vehicle maintenance will be performed only while the bargaining unit employee is on duty. The FOP also agrees that overtime requirements shall not apply in any future FLSA litigation concerning any matter for which overtime is not paid for off -duty preventative maintenance of assigned vehicles. (7) Effective upon ratification of this Agreement for calendar year 1997 the Washington's Birthday holiday as specified under Article 21 - Holidays, shall be eliminated. For calendar year 1998 the Washington's holiday as specified under Article 21 - Holidays, shall be eliminated. As a result of the elimination of this holiday, bargaining unit employees shall not receive holiday premium pay as specified under Article 21 - Holidays. 12/16/96 10:53 AM 3 96` 939 1i (8) Effective u,. .i ratification of this Agreement for ca. _ Aar year 1997 Earned Personal Leave as specified under Article 22 - Earned Personal Leave, shall be reduced from fourteen (14) hours to ten (10) hours. For calendar year 1998 Earned Personal Leave as specified under Article 22 shall be eliminated. (9) Effective upon ratification of this Agreement the FOP agrees, through the FOP Health Trust, to reimburse the City for required annual physicals of bargaining unit employees. The annual physicals shall include the same tests as currently provided by the City for the basic physical as well as the following tests as needed: Radiological Evaluation, Tetnus, HBSAB Titer, Mantoux Test, 24 Hour Holter Monitor, Comprehensive Hearing Test, PSA, CA 125, Mammogram, Pap Smear and Cardiovascular Stress Test to (Echocardiogram, Thallium Stress, Exercise Muga Stress). Such reimbursement to the City shall not exceed $175,000 for each Fiscal Year (1996-97 and 1997-98). (10) The FOP and the City of Miami agree that the reopener provision on Wages, as specified in Article 44 - Term of Agreement, is hereby deleted. Federal Forfeiture Funds/Fines The FOP fully supports utilizing Federal forfeiture funds/fines to match City dollars to fund special projects within the Miami Police Department which will reduce the City's budget for the department for Fiscal Year 1996-97 by $224,691 annually and for Fiscal Year 1997-98 by $1,000,000 annually. Oversight Hiring Committee In an effort to address the fiscal crisis facing the City of Miami it is recognized by the parties that the number of new hires for the City of Miami must be kept to a minimum. 12/16/96 10:53 AM 4 96- 999 The parties therefore ag to the establishment of an "Oversight -..ping Committee". The "Oversight Hiring Committee" shall be composed of three (3) members: a union representative, a management representative appointed by the City Manager, and a neutral member selected jointly by the management representative and the unions (collectively). Each of the City's four unions shall select a union representative, each of whom shall sit on the Committee on a rotating basis, provided that the position(s) to be considered by the Committee are not within the seated representatives' union, in which event the next union representative on the rotation schedule shall be seated. The Committee shall meet on an ad hoc basis. When a department requests authorization to fill a position the Committee shall meet to review justification of such request. Upon review of the departmental request to fill a position the Committee will make a recommendation in writing to the City Manager stating their reasons for approval or disapproval of the request. The City Manager will take into strong consideration the recommendation of the Committee, however, the City Manager retains the final authority to authorize or disapprove the filling of a position. Determinations by the City Manager to authorize the filling of positions are not subject to appeal through the grievance procedure, civil service board, or outside forum. Nor does the Committee have the right to review the filling of any position directed by the City Commission. Unless otherwise agreed to by the parties hereto the "Oversight Hiring Committee" will cease to exist as of September 30, 1998. City Obligations In recognition of the FOP's cooperation in assisting the City of Miami to address its fiscalcrisis the City agrees to adopt necessary revenue enhancement measures and cost 12/16/96 10:53 AM 5 96- 939 0 containment measures. ,et forth in the City Manager's Fair Sh,. Matrix dated October 7, 1996. In other words FOP is willing to meet its fair share, as specified within this agreement, provided the City Commission and City Manager fulfill its obligations as set forth in this Agreement. Beginning January 1, 1997 the City Manager will issue a bi- monthly status report which will indicate the savings and actions taken by the City and the employees to meet the City's deficit. The bi-monthly status report will be distributed to City departments and employees. This Agreement shall not be effective on the FOP, if the AFSCME or IAFF bargaining unit employees receive the 4% across the board increase prior to September 1998 or if the LIUNA bargaining unit employees receive the wage bonus during the remainder of their current labor agreement. FRATERNAL ORDER OF ON THE PART OF THE CITY OF POLICE, LODGE NO. 20 MIAMI, MIAMI, FLORIDA Ornel "Al" Cotera President Date i 12/16/96 10:53 AM 6 Edward Marquez City Manager Date t." CITY OF MIAMI, FLORIDA w INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM: Edward a ez City Manag r RECOMMENDATION. DATE: i2-20-1996 FILE : SUBJECT: ResolutionAmendine 1995-1998 Labor Agreement Between the City of Miami and FOP, Lodge No. 20 REFERENCES: ENCLOSURES: It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the attached Memorandum of Understanding by the City Manager amending the labor agreement between the City of Miami and the employee organization known as the Fraternal Order of Police, Lodge No. 20 for the period of October 1, 1995 through September 30, 1998 in accordance with the terms and conditions as set forth herein. BACKGROUND: In an effort to address the City's fiscal crisis the City and the Fraternal Order of Police, Lodge No. 20 (FOP) entered into discussions to identify possible concessions that would assist the City in its current fiscal crisis. The parties reached agreement on a concession package in November which was voted down by the FOP bargaining unit membership. Subsequently, the City and the FOP met and have agreed upon a second set of concessions as specified in the attached Memorandum of Understanding. The second set of concessions include the deferral of a four (4%) percent wage increase, previously due in January 1997, to September 1998; an agreement to limit payment of workers' compensation and supplemental pay to 80% of the employee's regular base pay as a result of not paying taxes on the workers' compensation portion. The employee will receive on the average 100% of their salary not to exceed the employee's weekly net base pay. The concession package also includes a reduction of the City's contribution to the FOP's Health Trust for Fiscal Years 1997 and 1998; a deferral on the issuance of uniforms for Fiscal Year 1997 and a partial issuance of uniforms for Fiscal Year 1998; a change in the current vehicle replacement schedule from a five (5) year schedule to a seven (7) year schedule and the establishment of a preventive vehicle 9 6 9 3 r E �A Honorable Mayor and Members of the City Commission Page 2 of 2 maintenance program whereby the bargaining unit members will provide, at their expense, routine preventive maintenance. The FOP has further agreed to the elimination of a holiday (Washington's Birthday) for Fiscal Years 1997 and 1998; a reduction in earned personal leave hours by four (4) hours for Fiscal Year 1996-1997 and fourteen (14) hours for Fiscal Year 1997- 1998 and reimbursement to the City from the FOP Health Trust for annual physicals. As a result of these agreed upon changes the parties have agreed that there will be no reopener on Wages in 1997 as currently specified in the labor agreement. FOP will also support the City in utilizing Federal forfeiture funds/fines to match City dollars to fund special projects with the Miami Police Department. The Memorandum of Understanding also provides for an Oversight Hiring Committee. This Committee will consist of three (3) members, a union representative, a management representative and a neutral member. It will be the responsibility of the Committee to review departmental requests to fill positions and make recommendations to the City Manager. The City Manager retains the authority to authorize or disapprove the filling of a position. In recognition of the FOP's cooperation in assisting the City to address its fiscal crisis the Memorandum of Understanding provides that the City and the City Commission will fulfill its obligations by adopting the necessary revenue enhancement measures and cost containment measures as set forth in the Fair Share Matrix dated October 7, 1996. The City has also agreed to provide a bi- monthly status report which will indicate the savings and actions taken by the City and the employees to meet the City's deficit. Should either the IAFF or FOP bargaining unit employees receive the 4% wage increase prior to 1998 or if the LIUNA bargaining unit employees receive the wage bonus then the Memorandum of Understanding will not be effective on the FOP. It is estimated that the concessions agreed to by the FOP will save the City over fifteen (15) million dollars over Fiscal Years 1996-1997 and 1997-1998. 2 9 6 , - 93 9 t4a-.