HomeMy WebLinkAboutResolutionCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01193 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING PUBLIC
EMPLOYEE PENSION PLANS AND DISABILITY PRESUMPTION REFORMS TO
MAKE THE PLANS FINANCIALLY SUSTAINABLE, RESPONSIVE TO TAXPAYER
BURDEN AND SECURE FOR CURRENT AND FUTURE PUBLIC EMPLOYEES;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE ELECTED OFFICIALS STATED HEREIN.
WHEREAS, the City of Miami deeply honors and respects the services provided and sacrifices
made by public employees, and desires to provide current and future public employees with a
pension system that is sound, sustainable and reliable; and
WHEREAS, the City of Miami also desires to protect local taxpayers from unsustainable and
unsound pension levels; and
WHEREAS, the City of Miami supports responsible reforms that protect pensions so they will be
there for future generations of public employees and safeguard taxpayer dollars; and
WHEREAS, public employees are a vital asset to the City of Miami firstly, in the way it creates a
framework for excellence in service delivery and secondly, in how it helps organize the best way to
deliver modern public services on which both businesses and residents depend; and
WHEREAS, the City of Miami has initiated plans of benefit for its public employees to reflect the
value of service provided; and
WHEREAS, economic conditions render existing plans concerning public employee benefit,
pension and disability plans contrary to fiscal prudence; and
WHEREAS, the City of Miami supports pension and disability plan amendments which allow for
fiscal sustainability, that is adjustive to taxpayer burden, while sound, secure and reliable for public
employees; and
WHEREAS, the City of Miami opposes prior years optimistic mandates which cause financial
hardship under today's economic condition; and
WHEREAS, Florida Statues §112.18 provides that health conditions related to heart disease,
hypertension or tuberculosis suffered by a police officer or firefighter are presumed to be job related,
and these "disability presumptions" are applicable to both workers' compensation and disability
pension claims; and
WHEREAS, the courts have interpreted the disability presumption laws so favorably toward these
employees that cities and other government employers basically cannot overcome the presumption
and show the health condition was not work related; and
City of Miami Page 1 of 3 File Id: 11-01193 (Version: 3) Printed On: 9/30/2024
File Number: 11-01193
WHEREAS, Florida Statutes transferred all operational and administrative control of police and
firefighter pension plans from the City of Miami to a legislatively created board of trustees, a
separate legal entity apart from the City of Miami that exercises broad powers outside the City of
Miami control, and is not required to provide fiscal transparency or accountability for substantial
amounts of public funds; and
WHEREAS, the City of Miami is seeking immediate relief from the Florida Legislature and
requests the Legislature to allow the City of Miami to responsibly address its pension and other
personnel issues locally and in a manner that best serves its taxpayers, stops potential pension
abuse and protects pensions for current and future generations of police and firefighters;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission hereby supports responsible public employee defined
benefit pension and disability presumption reforms to ensure sound, secure and stable pensions will
be there for current and future public employees.
Section 3. The City of Miami hereby requests the Florida Legislature to allow cities and police and
firefighter unions to collectively bargain the retirement benefits provided pursuant to, and the use of
insurance premium tax revenues provided under, Chapters 175 or 185, Florida Statutes.
Section 4. The Miami City Commission hereby requests the Florida Legislature to impose
reasonable fiscal transparency and accountability standards on legislatively created pension boards
of trustees.
Section 5. The Miami City Commission urges the Florida Legislature to pass and the Governor to
approve the above responsible pension reform recommendations relating to public employee
pension plans and disability presumptions in the 2012 legislative session.
Section 6. The City Clerk is directed to transmit a copy of this resolution to Governor Rick Scott,
the members of the Florida Legislature, and to the Florida League of Cities, Inc.
Section 7. This Resolution shall become effective immediately upon its adoption and signature by
the Mayor.{1}
APPROVE AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
City of Miami Page 2 of 3 File Id: 11-01193 (Version: 3) Printed On: 9/30/2024
File Number: 11-01193
Footnotes:
{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, It shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File Id: 11-01193 (Version: 3) Printed On: 9/30/2024