HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16092
Date: 05/17/2024
Commission Meeting Date: 07/25/2024
Type: Ordinance
Subject: Amend Code - Chapter 40 -
Firefighters and Police Officers Retirement
Trust
Requesting Department: City Manager's
Office
Sponsored By:
District Impacted: All
PURPOSE OF ITEM:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT TO RESOLUTION
NO. R-24-0148, ADOPTED ON APRIL 25, 2024, AMENDING CHAPTER 40/ARTICLE
IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI
FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," MORE
PARTICULARLY BY AMENDING SECTION 40-191, TITLED "DEFINITIONS," TO
AMEND THE DEFINITION OF EARNABLE COMPENSATION TO CLARIFY CHANGES
FOR POLICE OFFICERS BASED ON THE FRATERNAL ORDER OF POLICE,
WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20. COLLECTIVE BARGAINING
AGREEMENT FOR OCTOBER 1,2023, THROUGH SEPTEMBER 30, 2026;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
BACKGROUND INFORMATION:
WHEREAS, pursuant to Resolution No. R-24-0148, adopted on April 25, 2024, the City
of Miami ("City") ratified an amendment to the Collective Bargaining Agreement
between the City and the Fraternal Order of Police, Walter E. Headley, Jr., Miami Lodge
No. 20, in effect for the period of October 1, 2020 through September 30,2023; and
WHEREAS, as a result of the amendment to the Collective Bargaining Agreement,
certain changes must be made to the pension ordinance; and
WHEREAS, it is necessary to amend Chapter 40/Article IV/Division 2 of the Code of the
City of Miami, Florida, as amended ("City Code"), to reflect below changes;
"CHAPTER 40
City of Miami File ID: 16092 (Revision:) Printed On: 7/31/2024
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
* * *
DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS'
RETIREMENT PLAN
Sec. 40-191. Definitions.
Unless a different meaning is plainly required by the context, the following words and
phrases as used in this division shall have the following meanings:
Sec. 40-191. Definitions.
Unless a different meaning is plainly required by the context, the following words and
phrases as used in this division shall have the following meanings:
Earnable compensation for police officers shall mean an employee's base salary,
including pickup contributions, for all straight time hours worked, plus assignment pay
and payments received for vacation and sick leave taken, jury duty, and death -in -family
leave taken, and any other items, if any, currently included in the calculation of average
final compensation. Earnable compensation shall not include overtime pay except as
indicated at the end of this paragraph; payments for accrued sick leave, or accrued
vacation leave, or accrued compensatory leave; holiday pay; premium pay for holidays
worked; the value of any employment benefits or nonmonetary entitlements; or any
other form of remuneration. As of July 1, 2024, a member may elect a maximum of two
hundred (200) total overtime hours per calendar year to be used in calculating the
average earning.
Earnable compensation for firefighters shall mean an employee's base salary, including
pickup contributions, for all straight time hours worked, plus assignment pay and
payments received for vacation and sick leave taken, jury duty, and death -in -family
leave taken, and any other items, if any, currently included in the calculation of average
final compensation. Earnable compensation shall not include overtime pay; payments
for accrued sick leave, accrued vacation leave, or accrued compensatory leave; holiday
City of Miami File ID: 16092 (Revision:) Printed On: 7/31/2024
pay; premium pay for holidays worked; the value of any employment benefits or
nonmonetary entitlements; or any other form of remuneration.
Budget Impact Analysis
Item has NO budget impact
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed B
City Commission Nicole Ewan Meeting Completed 06/13/2024 9:00 AM
City Commission Maricarmen Lopez Meeting Completed 06/18/2024 9:00 AM
Office of Management and Budget Aniska Elliott Budget Analyst Review Completed 06/20/2024 8:39 AM
Office of Management and Budget Marie Gouin Budget Review Completed 06/25/2024 12:27 PM
City Manager's Office Arthur Noriega V City Manager Review Completed 06/25/2024 3:11 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 06/26/2024 1:42 PM
Office of the City Attorney George K. wysong III Approved Form and Correctness Completed 07/01/2024 5:13 PM
City Commission Todd B. Hannon Meeting Completed 07/11/2024 9:00 AM
City Commission Maricarmen Lopez Meeting Completed 07/25/2024 9:00 AM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 07/30/2024 3:17 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 07/30/2024 3:32 PM
Office of the City Clerk City Clerk's Office Rendered Completed 07/30/2024 3:32 PM
City of Miami File ID: 16092 (Revision:) Printed On: 7/31/2024
City of Miami
Legislation
Ordinance
Enactment Number:14299
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16092 Final Action Date: 7/25/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT TO
RESOLUTION NO. R-24-0148, ADOPTED ON APRIL 25, 2024,
AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI
FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," MORE
PARTICULARLY BY AMENDING SECTION 40-191, TITLED
"DEFINITIONS," TO AMEND THE DEFINITION OF EARNABLE
COMPENSATION TO CLARIFY CHANGES FOR POLICE OFFICERS
BASED ON THE FRATERNAL ORDER OF POLICE, WALTER E.
HEADLEY, JR., MIAMI LODGE NO. 20. COLLECTIVE BARGAINING
AGREEMENT FOR OCTOBER 1,2023, THROUGH SEPTEMBER 30,
2026; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. R-24-0148, adopted on April 25, 2024, the City
of Miami ("City") ratified an amendment to the Collective Bargaining Agreement between the
City and the Fraternal Order of Police, Walter E. Headley, Jr., Miami Lodge No. 20, in effect for
the period of October 1, 2023 through September 30, 2026; and
WHEREAS, as a result of the amendment to the Collective Bargaining Agreement,
certain changes must be made to the pension ordinance; and
WHEREAS, it is necessary to amend Chapter 40/Article IV/Division 2 of the Code of the
City of Miami, Florida, as amended ("City Code"), to reflect said changes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 40/Article IV/Division 2 of the Code of the City of Miami, Florida, as
amended in the following particulars:1
"CHAPTER 40
PERSONNEL
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.
City of Miami
File ID: 16092 (Revision:) Printed On: 7/31/2024
ARTICLE IV. PENSION AND RETIREMENT PLAN
DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT PLAN
Sec. 40-191. Definitions.
Unless a different meaning is plainly required by the context, the following words and
phrases as used in this division shall have the following meanings:
Sec. 40-191. Definitions.
Unless a different meaning is plainly required by the context, the following words and
phrases as used in this division shall have the following meanings:
Earnable compensation for police officers shall mean an employee's base salary, including
pickup contributions, for all straight time hours worked, plus assignment pay and payments
received for vacation and sick leave taken, jury duty, and death -in -family leave taken, and any
other items, if any, currently included in the calculation of average final compensation. Earnable
compensation shall not include overtime pay except as indicated at the end of this paragraph;
payments for accrued sick leave, or accrued vacation leave, or accrued compensatory leave;
holiday pay; premium pay for holidays worked; the value of any employment benefits or
nonmonetary entitlements; or any other form of remuneration. As of August 1, 2024, a member
may elect a maximum of two hundred (200) total overtime hours to be used in calculating the
average earning for pension benefits.
Earnable compensation for firefighters shall mean an employee's base salary, including
pickup contributions, for all straight time hours worked, plus assignment pay and payments
received for vacation and sick leave taken, jury duty, and death -in -family leave taken, and any
other items, if any, currently included in the calculation of average final compensation.
Earnable compensation shall not include overtime pay; payments for accrued sick leave,
accrued vacation leave, or accrued compensatory leave; holiday pay; premium pay for
holidays worked; the value of any employment benefits or nonmonetary entitlements; or any
other form of remuneration.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 16092 (Revision:) Printed On: 7/31/2024
APPROVED AS TO FORM AND CORRECTNESS:
g III, C y`attorey J 7/1/2024
City of Miami File ID: 16092 (Revision:) Printed On: 7/31/2024