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HomeMy WebLinkAboutExhibitIN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, Plaintiff, v. CITY OF MIAMI, FLORIDA, a municipal corporation, Defendant. CASE NO.: 17-001234-CA-01 SETTLEMENT AGREEMENT AND GENERAL RELEASE WITH AFSCME, LOCAL 1907 This Settlement Agreement and General Release ("Settlement Agreement") is made and entered into this day of , 2018, by and between the MIAMI GENERAL EMPLOYEE ASSOCIATION, AFSCME, Local 1907, AFL-CIO (hereinafter "AFSCME"), its members, agents, heirs, executors, administrators, successors and assigns and anyone who may claim by and though them, and the City of Miami (hereinafter "City"), a municipal corporation within the State of Florida. Collectively, the parties shall be referred to as "the Parties." The Parties agree as follows: WHEREAS, AFSCME filed an action for declaratory and injunctive relief styled as The American Federation of State, County, and Municipal Employees, Local 1907, AFL-CIO vs. the City of Miami (hereinafter referred to as "Litigation") in the Miami -Dade County Eleventh Judicial Circuit, case number 17-001234-CA-01. WHEREAS, this action stems from a Unit Clarification Petition filed by AFSCME before the Public Employees Relations Commission (hereinafter "PERC"), styled as Miami General Employees Association, AFSCME, Local 1907, AFL, CIO vs. City of Miami, case number UC-2015-24, which was resolved by the Parties on March 24, 2016. WHEREAS, as a result of the Unit Clarification Petition, the City has reclassified all positions listed in the UC Settlement Agreement that were considered "unclassified" by the City to classified bargaining unit positions. WHEREAS, as a result of the City's actions, AFSCME has filed this lawsuit challenging the City's actions. WHEREAS, the parties acknowledge, agree, and promise to support that the classifications listed in paragraph numbered 1 below are managerial and/or confidential and not proper for inclusion in the bargaining unit; WHEREAS, for the purposes of avoiding costly litigation and in order to reach an amicable resolution of the above referenced matters, the Parties desire to reach a fmal settlement of these claims and cause of action without either side admitting liability; NOW THEREFORE, in consideration of the covenants, representations and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, AFSCME agrees to be legally bound by the following terms and conditions which shall constitute full settlement of any and all claims and attorneys' fees which arise out of any allegation raised by AFSCME in the Litigation. Each and every term in this Settlement Agreement is material to the Parties' agreement and was material to each Party's decision to enter into this Settlement Agreement: CONSIDERATION. In consideration for execution of this Settlement Agreement, and compliance with the promises made herein, the CITY agrees that all Affected Employees (as defined below) will become automatically classified (Civil Service status) as of March 24, 2016 and each shall retain his/her current job classification and title, unless removed pursuant to the Collective Bargaining Agreement or Civil Service Rules, and will obtain an anniversary date, for purposes of seniority and roll back rights of March 24, 2016 in their current classifications. The CITY further agrees that the Affected Employees' anniversary date for purposes of receiving merit increases and adjustments will be March 24, 2016. The establishment of this anniversary date is not intended to, and will not change or extend, any probationary 2 periods. The CITY agrees the Affected Employees will not have to complete a probationary period, pursuant to the Civil Service Rules and AFSCME's Collective Bargaining Agreement, if the employee has been in the classification for more than a year; The CITY further agrees the Affected Employees will not have to compete for their current classification. The City further agrees that the position of Chief of Code Compliance, Job Code 8167, shall be included in the bargaining unit and considered an Affected Employee. In return for the foregoing, AFSCME promises as follows: 1. AFSCME agrees to withdraw the following classifications from the Unit Clarification Petition: a. Job Code 8083, Administrative Assistant II, Fire Department, who is acting in the capacity of Assistant to the Director b. Job Code 8083, Administrative Assistant II, Police Department, who is acting in the capacity of Assistant to the Director c. Job Code 8083, Administrative Assistant II, Employee Relations, who is acting in the capacity of Assistant to the Director d. Job Code 8139, Agenda Coordinator, City Manager's Office e. Job Code 8206, Administrative Assistant III, Code Compliance f Job Code 8470, Capital Improvement Program Budget/Finance Administrator, Office of Management and Budget g. Job Code 8773, Administrative Aide II, City Manager's Office h. Job Code 8770, Administrative Aide I, Office of the Auditor General i. Job Code 8456, Senior Information Systems Auditor, Office of the Auditor General j. Job Code 8082, Administrative Assistant I, City Manager's Office k. Job Code 8088, Administrative Service Manager 1. Job Code 8739, Building Quality Control Manager m. Job Code 8681, Chief Construction Manager n. Job Code 8790, Chief Transportation Manager o. Job Code 8049, Claims Manager 3 p. Job Code 8819, Construction Contract Compliance Manager q. Job Code 8680, Construction Manager r. Job Code 8684, Construction Manager, Sr. s. Job Code 8911, Grant Funded Environmental Programs Manager t. Job Code 8578, Finance Management Supervisor u. Job Code 1611, Finance Manager v. Job Code 8765, Fire -Rescue Budget and Finance Manager w. Job Code 8970, Grant Funded Workforce Center Manager x. Job Code 8937, Grant Funded Community Partnerships Manager y. Job Code 8935, Grant Funded Project Manager z. Job Code 8405, Group Benefits Manager aa. Job Code 8555, Lease Manager bb. Job Codes 8168 and 8194 NET Administrator' cc. Job Code 1321, Police Personnel Manager dd. Job Code 8433, Real Estate Manager ee. Job Code 8667, Senior Procurement Contracting Manager 2. MUTUAL GENERAL RELEASE OF CLAIMS. AFSCME, its members, agents, heirs, executors, administrators, successors, assigns, agents, representatives and anyone who could claim by and through AFSCME do hereby forever unconditionally and irrevocably mutually release, settle, acquit, remise, satisfy and discharge the City of Miami, any of its elected officials, agents, officers, or employees from all claims, liabilities, demands and causes known or unknown, fixed or contingent, which he may have, or claim to have, against the City and any of its agents, officers, elected officials or employees of any and all claims, demands, actions, causes of action, damages, expenses, or costs whatsoever, whether known or unknown, which AFSCME had, has, or may have including, but not limited to any of the following, based on the 1 Job Codes 1520, 1521, 1597, 1598 will be abolished. 4 City's intent to reclassify the Affected Employees and require them to complete for their jobs and serve a probationary period: a. Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-2, et seq.; b. Age Discrimination in Employment Act, 29 U.S.C. §621, et seq.; c. Sections 1981 and 1982 of Title 42 of the United States Code; d. Employment Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq.; e. Americans with Disabilities Act of 1990, 42 U.S.C. §12111, et seq.; f. Fair Labor Standards Act of 1938, 29 U.S.C. §201, et seq., and related wage and hour provisions under Florida law; g. Family Medical Leave Act of 1993, 28 U.S.C. §2601, et seq.; h. Florida Private Whistleblower Act, §448.101, et seq., and related whistleblower provisions under federal law; i. Torts of all kinds, including but not limited to misrepresentation, negligence or otherwise, fraud, defamation, libel, slander, interference with an advantageous business relationship, battery, negligence, intentional infliction of emotional distress, negligent security, invasion of privacy, negligent hiring, negligent retention; j. Breach of contract; k. Any public policy, contract, debt, or action based on common law; and 1. Any and all civil claims seeking legal relief, equitable relief, pain, mental and physical suffering, past, present and future damages, and permanent disability, loss of earnings, earnings capacity, medical (and mental health) bills, expenses, hospitalization expenses, past, present and future attorney fees, or liens, any and all other insurers' claims, subrogated interests, either by contract, statute, and/or by common law, loss of service and/or companionship and loss of substituted services, including, but not limited to, all compensatory and punitive damages. AFSCME acknowledges and agrees that the releases set forth herein are general releases which expressly waive any and all civil claims for damages which exist as of the date of the execution of this agreement, but of which the Parties do not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect either or both Parties' decision to enter into this Settlement Agreement. PARTIES acknowledge that this Settlement Agreement binds all covered employees under the CBA, including all Affected Employees (i.e., all employees who were hired into the classifications listed in Exhibit A (attached) as unclassified employees, who have been converted to classified employees). As mentioned previously on page two of this Settlement Agreement, and specifically reiterated herein, AFSCME's acknowledgement and agreement to this provision is material to the Settlement Agreement. 5 3. ACKNOWLEDGMENTS. The Parties acknowledge that they have read and understood this Settlement Agreement and specifically acknowledge that they have been advised to consult with an attorney and have had sufficient opportunity to do so prior to executing this Agreement. 4. AFFIRMATIONS. AFSCME affirms that it has been paid and/or have received all compensation, wages, bonuses, commissions and/or benefits to which AFSCME is entitled to and that no other compensation, wages, bonuses, commissions and/or benefits are due to it, except as provided in this Settlement Agreement, based upon the allegations set forth in the Complaint. AFSCME affirms that it has not filed, caused to be filed, or is presently a party to any claim, complaint, appeal, action, legal suit or administrative proceedings with any agency, either individually or jointly, including but not limited to the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, Florida Commission on Human Relations, Florida Department of Labor and Employment Security, or any other federal, state, or local agency, other than the current law suit styled as the Litigation, which relate to allegations set forth in the Complaint. 5. GOVERNING LAW AND INTERPRETATION. This Settlement Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provision. 6. NO ADMISSION OF WRONGDOING. The Parties agree that neither this Settlement Agreement nor the furnishing of the consideration for same shall be deemed or construed at any time for any purpose as an admission by the City of Miami of any liability or unlawful conduct of any kind. 7. USE OF AGREEMENT. The Parties agree that this document cannot be used in any proceeding except a proceeding to defend a claim rising out of this agreement. 8. BREACH OF AGREEMENT. The foregoing General Release provision set forth above shall not be construed to cover any breaches or violations of the terms and provisions of this Settlement Agreement. The Parties agree that the Circuit Court retains exclusive jurisdiction for all disputes, controversies or claims arising out of or relating to this Settlement Agreement, or the breach thereof. 6 9. AMENDMENT. This Settlement Agreement may not be modified, altered, or changed except upon express written consent of both Parties wherein specific reference is made to this Agreement. Any modification of this Settlement Agreement must be by written instrument signed by all Parties. 10. SEVERABILITY. Each provision of this Settlement Agreement is intended to be fully severable, Should any provision of this Separation Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, excluding the general release provision set forth above, such provisions shall immediately become null and void, leaving the remainder of this Separation Agreement in full force and affect. However, should a court of competent jurisdiction declare the general release provision unenforceable for any reason, the case shall remain settled and Parties shall redraft the provision to make it enforceable. If the parties cannot reach an agreement then all disputes will be resolved by the Circuit Court, as stated in paragraph (8). 11. ENTIRE AGREEMENT. This Settlement Agreement constitutes the entire agreement between the Parties, and fully supersedes any and all prior agreements or understandings between the Parties regarding the reclassification of the Affected Employees from the unclassified to the classified service. 12. AFSCME at all times material have been represented by Osnat Rind, from the firm Phillips, Richard, and Rind, P.A., and the City of Miami at all times material has been represented by Kevin R. Jones and Stephanie K. Panoff, and the PARTIES further state that they have carefully read this document and that they fully understand its contents, that they are of legal age, that AFSCME has signed this document of its own free act and has not been influenced in making this settlement by any representation of the party or parties being released. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of the 7 Affective Date above, and are authorized to enter into this Agreement For the City: For AFSCME: Victoria Mendez City Attorney Osnat K. Rind Attorney for AFSCME Local 1907 Emilio T. Gonzalez Sean Moy City Manager President, AFSCME Local 1907 Exhibit A (2018) Job Code Job Classification 1117 Project Accountant, Senior 1122 Supervisor of Payroll 1135 Assistant Payroll System Administrator 1156 Group Insurance Coordinator 1165 Financial Systems Administrator 1230 Lease Manager 1245 Property Manager 1260 Project Manager 1330 Safety Officer 1339 Grant Writer 1340 Capital Improvements Assistant 1359 Economic Analyst, Principal 1364 Organizational Development & Training Specialist 1370 Contracts Manager 1372 Customer Service Specialist 1378 Hearing Boards Specialist 1379 Safety Manager 1386 Insurance Information Analyst (Actuary) 1410 Public Relations Agent MC 1423 Public Information Coordinator 1426 Protocol Officer 1547 Technical Writer 1552 Information System Security Officer Supervisor 1558 Computer Training Specialist 1569 Web Administrator 1570 Systems Software Manager 1573 Database Manager 1574 ORACLE Database Manager 1575 Graphic Information Systems (GIS) Coordinator 1577 Project Manager - IT 1579 Oracle System Administrator 1580 Network Administrator 1581 Business System Administrator 1591 Oracle ERP Application Developer 1594 IT Infrastructure Manager 1620 Financial Information Business Process Analyst 1 1640 Treasury Manager 1816 Claims Adjustor III 1822 Claims Supervisor, Assistant 1824 Claims Supervisor 2018 Engineering Technician IV 2034 Professional Engineer IV 2100 Roofing Inspector 2113 Chief of Inspection Services 2156 Code Enforcement Inspector II 2168 Chief of Unsafe Structures 2257 Senior Project Representative 2258 Development Coordinator 3023 Heavy Equipment Specialist 3320 Electrical Line Worker 3321 Electrical Line Worker Supervisor 3358 Composting Facility Supervisor 3450 Fleet Manager 5035 Forensic Investigations Manager 5065 Criminal Intelligence Analyst I 5066 Criminal Intelligence Analyst II 5419 Communications Training Specialist 5423 Telecommunications Technician (RJ) 5424 Telecommunications Technician Assistant 5425 Telecommunications Technician 5430 Broadcast Engineer 5711 Administrative Assistant III 5740 Senior Staff Analyst 6060 Stadium Manager 8008 Secretary III 8034 Typist Clerk I 8035 Typist Clerk II 8037 Typist Clerk III 8040 Receptionist -Typist 8048 Property & Casualty Manager 8051 Claims Supervisor 8073 Domestic Violence Administrator 8082 Administrative Assistant I ' 8083 Administrative Assistant II 8101 Secretary IV 8103 Secretary I 8104 Secretary II 'Individuals employed in job codes 8082, 8083, 8206, 8770 and 8773 are included in the unit, other than those employed in the Law Department or Division of Equal Opportunity, and other than those specifically excluded pursuant to this Agreement. 2 8113 Legislative Services Representative I 8117 Technical Operation Coordinator 8118 Legislative Services Representative II 8119 Legislative Services Representative II 8120 Legislative Services Supervisor 8121 Transcriber 8122 Records Retention Coordinator 8134 Resource Allocation Manager 8135 Marketing Coordinator 8138 Housing Development Coordinator 8140 Assistant Agenda Coordinator 8142 Community Partnerships Manager 8144 Grant Coordinator 8145 Typist Clerk IV 8152 Fleet Manager 8157 Social Worker 8158 Program Specialist 8159 Program Coordinator 8160 Chief Architect 8162 Information Analyst 8163 Information Analyst Coordinator 8165 Information Services Liaison 8176 Code Enforcement Training Specialist 8177 Code Enforcement Field Supervisor 8178 Code Enforcement Coordinator 8201 Code Enforcement Assistant 8206 Administrative Assistant III 8220 Chief of Hearing Boards 8232 Chief of Environmental Resources 8273 Chief of Solid Waste Operations 8396 Photographer, SR 8411 Administrative Clerk 8420 Media Relations Liaison 8423 Parks & Recreation Facility Manager 8424 Special Education Teacher 8425 Parks & Recreation Services Coordinator 8426 Program Assistant 8427 Education Initiatives Coordinator (Office of Elected Official) 8435 Property Manager 8437 CIP Technical Administrator 8438 Business Development Coordinator 8439 Business Development Supervisor 8440 Development Coordinator 8441 Preservation Officer 3 8450 Telecommunications Administrator 8452 Youth Program Coordinator 8461 Payroll Manager/Assistant System Administrator 8463 Chief of Urban Design 8464 Chief of Land Development 8466 Planning Illustrator 8467 Urban Design Coordinator 8468 Community Planner 8469 NET Community Support Worker 8471 ADA Construction Coordinator 8473 Capital Improvement Program Public Relations Coordinator 8474 Capital Improvement Assistant 8475 Hazard Mitigation -Disaster Recovery Specialist 8476 Homeless Program Administrator 8477 NET Community Service Worker Supervisor 8478 Lease Management Specialist 8484 Grant Writer 8490 Insurance Financial Analyst 8510 Records System Coordinator 8514 Records System Aide 8515 Records System Specialist 8560 Grants Financial Supervisor 8561 Application Developer 8565 Special Projects Manager 8568 Employee Services Aide 8574 Special Events Assistant 8575 Special Events Coordinator 8576 Special Events Manager 8580 Environmental Outreach Liaison 8582 Environmental Coordinator 8585 Environmental Compliance Specialist 8587 Environmental Programs Manager 8589 Urban Forester 8590 Economic Development Project Manager 8605 Project Manager - CIP 8606 Chief Project Manager - CIP 8607 Senior Project Manager - CIP 8611 Audiovisual Technician 8612 Video Program Specialist 8613 Chief Communications Engineer 8614 Communications Technical Operator 8615 Video Production Writer/Editor 8616 Operations Coordinator 8618 Production Manager 4 8619 Community Relations Coordinator 8621 CADD Operator 8622 Community Relations Liaison 8623 Community Relations Outreach Specialist 8624 Community Relations Aide 8625 Project Manager, Sr. 8626 Research Analyst 8628 Business Process Analyst 8630 Project Manager 8631 Senior Project Representative 8638 Maintenance Technician 8640 Facility Manager 8642 Facility Maintenance Manager 8643 Superintendent of Solid Waste 8645 Community Programs Administrator 8649 Payroll Manager 8650 Oracle Financial Systems Manager 8651 Applications Support & Integration Manager 8653 IT Quality Assurance Manager 8654 Information Technology Customer Service Manager 8656 Loan Review Specialist 8657 Loan Review Assistant 8658 Community Involvement Specialist 8659 Loan Review Analyst 8660 Senior Procurement Contracts Officer 8661 Procurement Aide 8662 Procurement Card Administrator 8664 Procurement Supervisor 8685 Acquisitions Specialist Supervisor 8688 Professional Engineer III - Floodplain Administrator 8693 Special Projects Coordinator (Elected Official) 8706 Senior Job Training Specialist 8715 Community Service Provider 8718 Clerk I 8719 Clerk II 8720 Employment Interviewer 8722 Client Services Coordinator 8723 Client Services Specialist 8724 Accountant 8726 Account Clerk 8729 Auditor Assistant 8732 Public Relations Agent 8736 Public Information Coordinator 8737 Chief of Unsafe Structures 8738 Public Information Supervisor 5 8740 Deputy International Affairs Administrator 8741 Intergovernmental Affairs Liaison 8742 Code Compliance Specialist 8743 Chief Elevator Inspector 8744 Chief Civil Engineer 8745 Chief of Inspection Services 8748 Capital Improvements Procurement Administrator 8751 Zoning Manager 8752 Legislative Coordinator 8759 Financial Reporting Manager 8760 Internal Controls and Compliance Manager 8764 Financial Development Administrator 8770 Administrative Aide I 8773 Administrative Aide II 8775 Investigator II, Civilian Investigative Panel 8776 Investigator, Civilian Investigative Panel 8777 Civilian Investigative Panel Analyst 8780 Film and Culture Administrator 8783 Cultural Administrator 8784 Cultural Arts Center Manager 8785 Assistant Auditorium Manager 8786 Convention Center Manager 8789 Traffic Engineer 8791 Transportation Coordinator 8792 Special Projects Assistant 8793 Special Projects Coordinator 8794 Transportation Analyst 8796 Assistant Facility Maintenance Manager 8801 Client Support Services Aide 8803 Assessment and Referral Specialist 8804 Training Specialist 8805 Job Placement Specialist 8806 Skills Coach 8808 Case Management Supervisor 8809 Case Manager 8810 Senior Job Placement/Marketing Specialist 8811 Case Management Assistant 8812 Training Coordinator 8813 Training and Development Specialist 8815 Contract Compliance Analyst 8816 Contracts Manager 8817 Employment Programs Analyst 8818 Job Placement/Marketing Coordinator 6 8824 Fiscal Assistant 8825 Fiscal Administrator 8830 Housing Quality Assurance Aide 8835 Housing Quality Control Supervisor 8840 Housing Program Manager 8842 Housing Program Analyst 8844 Housing Quality Assurance Monitors 8900 Grant Funded Housing Quality Assurance Manager 8901 Grant Funded Housing Quality Assurance Supervisor 8903 Grant Funded Housing Program Analyst 8905 Grant Funded Assessment and Referral Specialist 8906 Grant Funded Emergency Management Coordinator 8910 Grant Funded Environmental Coordinator 8920 Grant Funded Administrative Aide I 8921 Grant Funded Administrative Aide II 8923 Grant Funded Administrative Assistant I 8924 Grant Funded Vista Program Assistant 8925 Grant Funded Program Specialist 8927 Grant Funded Homeless Housing Specialist 8928 Grant Funded Homeless Housing Supervisor 8930 Grant Funded Contract Compliance Analyst 8931 Grant Funded Contracts Manager 8932 Grant Funded Special Projects Assistant 8933 Grant Funded Special Projects Coordinator 8939 Grant Funded Loan Specialist 8940 Grant Funded Assistant to the Fire Chief (Sworn) 8945 Grant Funded Loan Review Specialist 8950 Grant Funded Fiscal Assistant 8951 Grant Funded Budget and Financial Support Advisor 8959 Grant Funded Clerk I 8960 Grant Funded Clerk III 8972 Grant Funded Workforce Program Supervisor 8973 Grant Funded Workforce Career Advisor 8974 Grant Funded Workforce Lead Career Advisor 8975 Grant Funded Workforce Employer Specialist 8976 Grant Funded Workforce Placement Specialist 8979 Grant Funded Workforce Business Consultant 8980 Grant Funded Workforce Employer Consultant 8982 Grant Funded Workforce Program Workshop Facilitator 8984 Grant Funded Workforce Program Customer Service Rep 8986 Grant Funded Workforce Program Specialist I 7 8987 Grant Funded Workforce Program Specialist II 8990 9261 Grant Funded Workforce Outreach Specialist Communications Liaison 8