HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5005
Date: 10/16/2018
Commission Meeting Date: 10/25/2018
Type: Resolution
Subject: Settlement - FOP
Purpose of Item:
Requesting Department: Department of
Human Resources
Sponsored By:
District Impacted: All
A resolution of the Miami City Commission, with attachments(s), authorizing the City
Manager to enter into a settlement agreement, with the Walter E. Headley, Jr., Miami
Lodge #20, Fraternal Order of Police, Inc. (FOP). to resolve the unfair labor practice
petition filed by FOP, CASE NO.: CA-2010-119 and BP-2017-013 (relates to CR-2017-
001), pending before the Public Employees Relations Commission, according to the
terms of the settlement agreement among the parties.
Background of Item:
The Walter E. Headley, Jr., Miami Lodge #20, Fraternal Order of Police, Inc. (FOP)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, FOP 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 thirty-three
million dollars ($33,000,000.00) 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
Item is an Expenditure
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Total Fiscal Impact:
General Account No: 512000
Department of Human Resources
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
Reviewed B
Angela Roberts
Aniska Elliott
Christopher M Rose
Nikolas Pascual
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Nicole Ewan
Mayor's Office
City Clerk's Office
City Clerk's Office
Department Head 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
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Clerk Completed
Completed
10/16/2018 12:57 PM
10/16/2018 2:24 PM
10/16/2018 3:21 PM
10/16/2018 3:44 PM
10/16/2018 3:58 PM
10/16/2018 4:09 PM
10/16/2018 6:41 PM
10/25/2018 9:00 AM
11/02/2018 4:05 PM
11/02/2018 4:24 PM
11/02/2018 4:24 PM
City of Miami
Legislation
Resolution
Enactment Number: R-18-0489
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5005 Final Action Date:10/25/2018
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 WALTER E.
HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. ("FOP")
TO RESOLVE THE UNFAIR LABOR PRACTICE PETITION FILED BY FOP, LODGE
#20, CASE NO.: CA-2010-119 AND BP-2017-013 (RELATES TO CR-2017-001),
PENDING BEFORE THE PUBLIC EMPLOYEES RELATIONS COMMISSION,
ACCORDING TO THE TERMS OF THE SETTLEMENT AGREEMENT AMONG THE
PARTIES.
WHEREAS, the Walter E. Headley, Jr., Miami Lodge #20, Fraternal Order of Police, Inc.
("FOP") 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, FOP 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
("Agreement"); and
WHEREAS, upon ratification of the Agreement between the parties, the terms of the
Agreement shall be implemented accordingly; and
WHEREAS, funds in the amount of thirty-three million dollars ($33,000,000.00) shall be
paid from the unrestricted funds of the General Fund 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 with FOP, in
substantially the attached form.
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.
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 Attor ey 10/1672018
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.