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HomeMy WebLinkAboutReso 2014-2255RESOLUTION NO. 2014- 22,55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING SECTION 18 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE POLICE BENEVOLENT ASSOCIATION ( "PBA "), ATTACHED HERETO AS EXHIBIT "A "; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 15, 2012, via Resolution No. 2012 -1874, the City Commission entered into a Collective Bargaining Agreement ( "CBA ") with the PBA regarding terms and conditions of employment; and WHEREAS, the City has negotiated a Memorandum of Understanding with the PBA amending Article 18 of the CBA as it relates to off duty police work; and WHEREAS, the City Commission wishes to approve the Memorandum of Understanding. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Memorandum. The City Commission hereby approves the Memorandum of Understanding amending Article 18 of the Collective Bargaining Agreement, attached hereto as Exhibit "A ". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this tq day of 2014. �Iorman S. Edelcup, Mayor Approving MOU Modyting Article 18 Of Pba Page I of 2 ATTEST: k d Lt� Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND l L<WfI FFICIENCY: I:I Vote: 5_0 City Attorney Moved by: Seconded by: Cj�hntnn%SQws.� Mayor Edelcup ✓ (Yes) (No) Vice Mayor Aelion V (Yes) (No) Commissioner Gatto Yes) (No) Commissioner Levin Yes) tj(Yes) (No) Commissioner Scholl (No) Approving MOU Modyfing Article 18 Of Pba Page 2 of 2 P1 ..�� THE VOICE OF LAW ENFORCEMENT June 5, 2014 DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC. Via E -Mail: HOttino ibAnet & U.S. Mail Hans Ottinot, Esquire City of Sunny Isles Beach 18070 Collins Avenue Suite #255 Sunny Isles Beach, FI 33160 Re: Ratification — MOU re. Article 18 Off Duty Work Dear Mr. Ottinot. This letter is written on behalf of the Dade County Police Benevolent Association ( "PBA ") and our clients, the Sunny Isles Beach police collective bargaining unit. Please be advised that a ratification vote was held on Wednesday, June 3`d and Thursday, June 4`h, 2014, pursuant to Notice, and I ain pleased to announce that the Memorandum of Understanding ( "MOU ") was approved by the members of the bargaining unit. We really appreciate, and especially thank Chief Mass for suggesting the modifications to the Article which will better serve to benefit the officers, the City and in turn the citizens of your beautiful city. We also thank you and the City for being open to the proposed changes. Therefore, I respectfully request that the MOU be placed at the next Town Commission's Agenda. As always, thank you so much for your time in this matter. We really appreciate it. Sincerel ristina Escobar Staff Counsel Cc: Michael Braverman, Esquire /Dade County PBA (via e -mail only) Fred Maas, Chief of Police /SIBPD (via e -mail only) Lee Athanasiou, PBA Representative (via e -mail only) Javier Estevez, PBA Representative (via e -mail only) Exhibit "A" John Rivera, President - 10680 PBA Memorial Boulevard - (Northwest 25th Street) - Miami, Florida 33172 -2108 Telephone: 305 - 593 -0044 - Fax: 305 - 436 -0142 - e- mail:pba @dcpba.ora - website: www.dcpba.org MEMORANDUM OF UNDERSTANDING OFF DUTY POLICE WORK The City of Sunny Isles Beach ( "the City "), the Sunny Isles Beach Police Department ( "SIBPD "), and the Dade County Police Benevolent Association ( "PBA ") hereby enter into this Memorandum of Understanding reference Article 18 of the Collective Bargaining Agreement ( "CBA ") between the City and the PBA ( "the parties ") regarding Off Duty Police Work. Pursuant to Article 31 of the CBA, the parties agree that Article 18, Off Duty Police Work of the current Collective Bargaining Agreement between the parties shall be modified as follows: 1. Section 2 - Off Duty employers will guarantee a minimum employment period of four (4) hours of off duty for each assigmnent requested of the Police department (work assignment can be split between officers). 2. 24 Hour Cancellation Policy — All assignments require a 24 -hour notice of cancellation or change. If an assignment is cancelled or changed with less than 24 -hours notice, the employer will be billed the minimum fee. The amount of the cancellation fee will be established by the City and/or the SIBPD, and may vary depending on the location and length of the assignment. 3. The terms as listed above are only applicable as to Article 18 of the Collective Bargaining Agreement between the parties and shall not change and/or alter any other part of said Article and/or any other Article of the Collective Bargaining Agreement which remains in full force and effect. 1 of 2 Article 18-MOU D-DutirPoliae, fork WHEREFORE: 1. (be Cay,and the Sunny Isles Reach Force Uepartnicnt-agree to impose and, ealorce the above ned tcrrns,and conditions of Article I S,reference Off Duty Police Work•employ:neat, 2. This-ag-ec:nent shall be effect ye upon theapproval by the Criy Cora.mss bifers'of. Sunny Isles: Reach, Florida this Memorandum ost tdtng f Un4e nml the ea.ecution:of the agreement by all parties listed below and shall continue•inel'ect as part oldie.current Collective-Bargaining e. rceinent: i This•Agretteray of -� i;stbiied-tltis �lP d ". 2614. For the Dade'County police I-or the Cay of Sunny bles Beac1i Benevolent Asst:cratron (Rank& t-ile Uri ) .. l f ice r fi Rivera ornssy In S fxl l&cuP ��ryor- I-Sunny Bc1i Mike Bratcrur n Cl ris,apher Russo Cttt T:ia lager PBA sidecar CO noel �r --.;„,---7.5-- � � i. CnstineEscob r (t i -• - yF �t:lt- Cit Attoni>y PBA Stafff,Couisel C Fred.Ma_s -ChiefofPottce C r: 2or2 Jane a. Fires, -}3.{C, City. Clerk COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA 0 DADE COUNTY POLICE BENEVOLENT ASSOCIATION March 15, 2012 through March 14, 2015 ARTICLE 18 OFF -DUTY POLICE WORK Section 1. Off -duty police work as authorized by the Police Chief shall be compensated at the rate of not less than thirty two dollars ($32.00) per hour for all bargaining unit members. There shall be an administrative fee of no less than sixteen dollars ($16.00) per hour charged by the City, for a total of $48.00 paid per hour. Section 2. Off -duty employers will guarantee a minimum employment period of three (3) hours off -duty for each assignment requested of the Police department (work assignments can be split between officers). Section 3. Personnel assigned to off -duty law enforcement jobs shall be fully protected in case of injury during such assignment by the City's Workers Compensation coverage. Section 4. Assignments of off-duty police work shall be fairly and evenly distributed among eligible bargaining unit members. Full time employees shall have the right of first refusal in off -duty detail police work assignments. Section 5. When a detail requires four (4) or more police officers, whenever possible, one of the four officers will be a supervisor. The supervisor shall be compensated at the rate of not less than thirty six dollars ($36.00) per hour. There shall be an administrative fee of not less than sixteen dollars ($16.00) per hour charged by the City. If no supervisor is available to work the detail, then the on -duty supervisor will be assigned to monitor the detail. Supervisors who work regular off duty jobs will be compensated at the officer's rate in Section 1, above. Section 6. Off -duty police work as authorized by the Police Chief and City - approved holidays shall be compensated at the rate of not less than forty eight dollars ($48.00) per hour for all bargaining unit members. There shall be an administrative fee of no less than twenty four dollars ($24.00) per hour charged by the City, for a total of $72.00 paid Per hour. Section 7. This Section is null and void if a court of competent jurisdiction determines that off -duty compensation is regular compensation or overtime compensation under state or federal law. -24- •` DD �/ O� P F L O 10 S4. c,Ty OF SUN PLO TO FROM DATE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM The Honorable City Commission Hans Ottinot, City Attorney June 19, 2014 Citv Commission Norman S. Edelcup, Mayor Isaac Action, [ ice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. [lines, TIC, City Clerk RE: Approval of Memorandum of Understanding to amend Article 18 of the Collective Bargaining Agreement with the Dade County Police Benevolent Association RECOMMENDATION It is recommended that the City Commission approve the attached resolution. REASONS On March 15, 2012, the City of Sunny Isles Beach ( "the City ") negotiated a Collective Bargaining Agreement ( "CBA ") with the Dade County Police Benevolent Association ( "PBA ") which set forth the terms and conditions of employment for the bargaining unit. The City has negotiated a Memorandum of Understanding ( "MOU ") with the PBA to amend Article 18, of the CBA as it relates to off duty police work. The amendment increases the minimum hours required to hire an off duty police officer from three (3) hours to (4) hours per assignment. The amendment also requires employers to provide 24 -hour notice of cancellation or changes in work assignments for off duty officers. In the event the employer fails to provide such notice, the employer will be charged the minimum fee. These cancellation fees will be established by the City or the City's police department, and may vary depending on location and length of the assignment. The MOU was negotiated by the Office of the City Manager and the PBA.