HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #4908
Date: 10/01/2018
Commission Meeting Date: 10/11/2018
Requesting Department: Department of
Human Resources
Sponsored By:
District Impacted:
Type: Resolution
Subject: Settlement Agreement - IAFF, AFL-CIO, Local 587
Purpose of Item:
A resolution of the Miami City Commission, with attachments(s), authorizing the City
manager to enter into a settlement agreement, with the of the International Association
of Fire Fighters of Miami, Florida ("IAFF LOCAL 587") to resolve the unfair labor
practice petition filed by IAFF Local 587,
CASE NO.: BP-2018-001 (CR-2018-001 AND CA-2010-124), pending before the Public
Employees Relations Commission, according to the terms of the settlement agreement
among the parties.
Background of Item:
The Miami Association of Fire Fighters, Local 587, of the International Association of
Firefighters of Miami, Florida, ("IAFF Local 587") filed a petition against the City of
Miami ("City") with the Public Employees Relations Commission ("PERC") alleging that
the City had committed an unfair labor practice when it declared financial urgency in
2010; and, the proceedings were remanded to PERC for further action, which prompted
a back -pay proceeding to be commenced; and, IAFF Local 587 and the City have
negotiated, and the parties have agreed, to a full and final compromise and settlement
of all matters, causes of actions, claims, grievances and contentions between them
related to the City's 2010 declaration of financial urgency; and, upon ratification of the
settlement agreement between the parties, the terms of the agreement shall be
implemented accordingly; and, funds in the amount of twenty million five hundred
thousand dollars ($20,500,000.00) shall be paid from the General Fund unrestricted
funds, and disbursed according to the payment schedule articulated in the settlement
agreement; and, the Office of the Allen, Norton and Blue, as outside counsel, has
investigated these claims and, pursuant to Section 18-232 of the Code of the City of
Miami, Florida, as amended, recommends settlement.
Budget Impact Analysis
Total Fiscal Impact:
General Account No: 512000
Reviewed B
Department of Human Resources
Office of Management and Budget
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Angela Roberts
Carolina Aguila
Aniska Elliott
Christopher M Rose
Nikolas Pascual
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Joyce Jones
Mayor's Office
City Clerk's Office
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Analyst Review
Budget Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Signed by the Mayor
Signed and Attested by the City
Rendered
Completed
Skipped
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Clerk Completed
Completed
10/01/2018 12:03 PM
10/01/2018 1:15 PM
10/01/2018 1:49 PM
10/01/2018 1:57 PM
10/01/2018 2:00 PM
10/01/2018 2:41 PM
10/01/2018 3:53 PM
10/01/2018 5:44 PM
10/11/2018 9:00 AM
10/22/2018 4:31 PM
10/22/2018 4:55 PM
10/22/2018 4:55 PM
City of Miami
Legislation
Resolution
Enactment Number: R-18-0440
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4908 Final Action Date:10/11/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, LOCAL 587 ("IAFF")
TO RESOLVE THE UNFAIR LABOR PRACTICE PETITION FILED BY IAFF IN THE
CASE STYLED MIAMI ASSOCIATION OF FIREFIGHTERS, LOCAL 587, OF THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS OF MIAMI, FLORIDA V. CITY
OF MIAMI, CASE NO.: BP-2018-001 (CR-2018-001 AND CA-2010-124), PENDING
BEFORE THE PUBLIC EMPLOYEES RELATIONS COMMISSION; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT.
WHEREAS, the International Association of Firefighters, AFL-CIO, Local 587 ("IAFF")
filed a petition against the City of Miami ("City") with the Public Employees Relations
Commission ("PERC") alleging that the City had committed an unfair labor practice when it
declared financial urgency in 2010; and
WHEREAS, the proceedings were remanded to PERC for further action, which
prompted a back -pay proceeding to be commenced; and
WHEREAS, IAFF and the City have negotiated, and the parties have agreed, to a full
and final compromise and settlement of all matters in the case styled as Miami Association of
Firefighters, Local 587, of the International Association of Firefighters of Miami, Florida v. City of
Miami, Case No.: BP-2018-001 (CR-2018-001 and CA-2010-124) and all causes of actions,
claims, grievances, and contentions between them related to the City's 2010 declaration of
financial urgency; and
WHEREAS, upon ratification of the Settlement Agreement ("Agreement") between the
parties, the terms of the Agreement shall be implemented accordingly; and
WHEREAS, funds in the amount of twenty million five hundred thousand dollars
($20,500,000.00) shall be paid from the General Fund, unrestricted funds, and disbursed
according to the payment schedule articulated in the Agreement; and
WHEREAS, the Office of Allen, Norton and Blue, as outside counsel, has investigated
these claims and pursuant to Section 18-232 of the Code of the City of Miami, Florida, as
amended, recommends settlement;
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 City Manager is authorized' to execute the Agreement, in substantially
the attached form, with IAFF.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
ey ) 10/172018
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.