Miami-Dade Legislative Item
File Number: 092825
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File Number: 092825 File Type: Resolution Status: Withdrawn
Version: 0 Reference: Control: Board of County Commissioners
File Name: MORATORIUM ON SALARY INCREASES AND ANY OTHER COMPENSATIONS Introduced: 10/19/2009
Requester: NONE Cost: Final Action: 12/1/2009
Agenda Date: 12/1/2009 Agenda Item Number: 11A5
Notes: Title: RESOLUTION DIRECTING THE MAYOR TO ESTABLISH A MORATORIUM ON ALL SALARY INCREASES, LONGEVITY BONUSES OR SPECIAL RECOGNITION BONUSES OR ANY OTHER INCREASE IN COMPENSATION FOR ALL NON-BARGAINING UNIT COUNTY EMPLOYEES UNDER THE MAYOR’S JURISDICTION UNLESS APPROVED IN ADVANCE BY THE BOARD OF COUNTY COMMISSIONERS FOR THE AFFECTED CLASSIFICATION(S)
Indexes: MORATORIUM
  SALARY
Sponsors: Barbara J. Jordan, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
Sunset Provision: Yes Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/1/2009 11A5 Withdrawn P
REPORT: Commissioner Jordan noted that based on information provided to her by the County Mayor and his word that he would monitor the modifications, she would withdraw this proposed resolution. Commissioner Barreiro advised that the Board would be receiving a monthly report which included all of the information requested by Commissioner Jordan. Hearing no further comments or questions, the foregoing proposed resolution was withdrawn by Commissioner Jordan.

Government Operations Committee 11/9/2009 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Daniel Frastai read the foregoing proposed resolution into the record. Commissioner Gimenez recognized Commissioner Jordan, sponsor of this proposed resolution. Commissioner Jordan provided an overview of her proposal and noted her initial intent was to include all employees. She pointed out that in many instances massive layoffs or personnel transfers were followed by reclassifications which offset any savings. She asked that any reclassifications be forwarded to the County Commission. In response to Commissioner Seijas’ inquiry whether this proposed resolution violated the Charter, Assistant County Attorney Frastai said it did not. Responding to Commissioner Seijas’ inquiry whether the Charter allowed Commissioners to make decisions regarding salaries for individuals, Assistant County Attorney Eric Rodriguez noted the language “classification(s)” at the end of the resolution addressed this issue. It was moved by Commissioner Sosa that this proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Edmonson. In response to Commissioner Diaz’ inquiry, Assistant County Attorney Rodriguez noted the proposed resolution would apply to all non-bargaining unit classifications under the Mayor’s jurisdiction. Commissioner Diaz said he believed this proposed resolution impeded on the Mayor’s rights as a strong mayor; however, he would accept Assistant County Attorney Frastai’s opinion that it would not. Chairman Gimenez noted the Mayor could not be told that an individual not receive an increase although the moratorium could be imposed on a classification. Commissioner Martinez indicated that he had been working on this issue with the County Attorney’s Office for years. He questioned whether the non-bargaining unit employees would receive retroactive pay if the bargaining unit employees did not agree to a moratorium and it was not imposed by the County Commission. Commissioner Martinez noted Commission members had consistently expressed an interest in treating all employees the same and two separate classifications would exist if the same moratorium was not imposed on the bargaining unit employees. In response to Commissioner Martinez’ inquiry, Assistant County Attorney Frastai advised that another item would have to be prepared. Commissioner Jordan said that her proposal did not cut salaries. She explained that normally after a massive layoff there was a tendency for employees to lose up to $20,000 and the Human Resources Department then received requests for reclassifications, which could reinstate a large portion of those salaries. Commissioner Sosa said she was hopeful this proposed resolution could include a reopening clause and concurred with Commissioner Martinez that all employees should be treated equally. Commissioner Martinez stated that he would not support this proposed resolution. He noted the Mayor was elected and should be responsible for the employees under his purview and should impose a moratorium on his own. Chairman Gimenez noted he would support this proposed resolution. He noted there were different ways to circumvent the will of the Commission and fiscal issues fell under the Commission’s purview. Chairman Gimnez said this proposal would ensure that additional funds were available next year to address the economic crisis. Hearing no further comments or questions, the Committee voted on this proposed resolution as presented.

County Attorney 10/19/2009 Referred Government Operations Committee 11/9/2009

County Attorney 10/19/2009 Assigned Eric A. Rodriguez 11/3/2009

Legislative Text


TITLE
RESOLUTION DIRECTING THE MAYOR TO ESTABLISH A MORATORIUM ON ALL SALARY INCREASES, LONGEVITY BONUSES OR SPECIAL RECOGNITION BONUSES OR ANY OTHER INCREASE IN COMPENSATION FOR ALL NON-BARGAINING UNIT COUNTY EMPLOYEES UNDER THE MAYOR’S JURISDICTION UNLESS APPROVED IN ADVANCE BY THE BOARD OF COUNTY COMMISSIONERS FOR THE AFFECTED CLASSIFICATION(S)

BODY
WHEREAS, on September 18, 2009, the Board of County Commissioners adopted the budget for Miami-Dade County for the fiscal year commencing October 1, 2009 and concluding September 30, 2009; and
WHEREAS, the budget adopted for 2008-09 identifies over $100 million in savings that must be achieved to avoid layoffs and other economic impact on bargaining unit members; and
WHEREAS, under these circumstances it is paramount that there be no increases in salaries, bonuses or compensation for those County employees serving under the Mayor’s jurisdiction that are not members of a bargaining unit covered by a collective bargaining agreement until further notice,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA that the Mayor is hereby directed to establish a moratorium on all salary increases, longevity bonuses, special recognition bonuses or any increase in compensation for all non-bargaining unit County employees under the Mayor’s jurisdiction unless approved in advance by the Board of County Commissioners for the affected classification(s).



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