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FROM
Hono
& Me
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Mayor Manuel A. Diaz
of the City Commission
Pedro G.'Miai;Aandez, P.E.
City Manager
DATE: September 29, 2009 FILE
SUBJECT: AFSCME, 1907 & AFSCME, 871
Emergency Ordinance
REFERENCES:
ENCLOSURES:
Attached please find an emergency ordinance for your consideration. This emergency
ordinance relates to AFSCME, Local 1907 & AFSCME, Local 871. Specifically, this
ordinance amends Chapter 40, Article IV, and Division 3, increasing AFSCME, Local
871 and AFSCME, Local 1907 employee contribution from 10% to 13%, for a period of
one year. In addition, this ordinance is contingent upon ratification of the Memorandum
of Understanding between AFSCME, Local 1907 and the City Commission.
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..Title
(4/5 THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT
PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST," TO INCREASE THE NIIAMI GENERAL EMPLOYEES
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL 1907, AFL-CIO AND FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME,
AFL-CIO, LOCAL 871 MEMBERS' CONTRIBUTION FROM 10% TO 13% FROM
OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 AND; MORE PARTICULARLY
BY AMENDING SECTION 40-246; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
:..
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF NIIAMI, FLORIDA:
Section 1. Section 40-246 of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:{1}
"Chapter 40
PERSONNEL
ARTICLE IV. PENSION AND
RETIREMENT PLAN
DIVISION 3. CITY OF MIANII GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST
Sec. 40-246 Contribution .
(a) Member contributions.
(1) Regular contributions of each member of the Plan shall be made each
pay period at the rate of ten percent of each member's earnable compensation.
Effective October 1, 2009, Miami General Employees American Federation of
State, County, and Municipal Employees, Local 1907, AFL-CIO and Florida
Public Employees Council 79, AFSCME, AFL-CIO, Local 871 bargaining unit
members' regular contribution to the Plan shall be made each pay period at the
rate of thirteen percent of each member's earnable compensation. Effective
October 1, 2010, Miami General Employees American Federation of State,
County, and Municipal Employees, Local 1907, AFL-CIO and Florida Public
Employees Council 79, AFSCME, AFL-CIO, Local 871 bargaining unit members'
regular contribution to the Plan shall be made each pay period at the rate of ten
percent of each member's earnable compensation.
Section 2. If any section, part of section, paragraph, clause, phrase or word
of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not
be affected.
Section 3. This Ordinance is declared to be an emergency measure on the
grounds of urgent and public need for the preservation of peace, health, safety, and
property of the City of Miami, and upon the further grounds of the necessity to make the
required and necessary payments to its employees and officers, payment of its debts,
necessary and required purchases of goods and supplies, and to generally carry on the
functions and duties of municipal affairs.
Section 4. The requirements of reading this Ordinance on two separate days
is dispensed with an affirmative vote of not less than four-fifths (4/5ths) of the members
of the Commission.
Section 5. This Ordinance shall become effective immediately when ratified
by AFSCME, AFL-CIO, Local 1907 and the City Commission, upon its adoption and
signature of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNE)(p
..Footnote
{1} Words and/or figures stricken through shall be deleted. Underscored words
and/or figures shall be added. The remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged material.
{2} If the Mayor does not sign this Ordinance, it shall become effective at the end of
ten calendar days from the date it was passed and adopted. If the Mayor vetoes this
Ordinance, it shall become effective immediately upon override of the veto by the City
Commission.