Miami-Dade Legislative Item
File Number: 111442
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File Number: 111442 File Type: Resolution Status: Adopted
Version: 0 Reference: R-691-11 Control: Board of County Commissioners
File Name: COMPENSATION POLICIES Introduced: 6/27/2011
Requester: NONE Cost: Final Action: 9/1/2011
Agenda Date: 9/1/2011 Agenda Item Number: 11A5
Sponsors: Sally A. Heyman, Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No 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 9/1/2011 11A5 Adopted P
REPORT: Commissioner Diaz noted the foregoing proposed resolution required the Mayor to submit to the County Commission any agreement to provide executive employee with a compensation package that exceeded existing compensation policies. He questioned the difference between this proposed resolution and current practice. Assistant County Attorney Lee Kraftchick said that the resolution would memorialize existing practice to ensure that future agreements differing from the existing pay plan were submitted for county commission consideration. Commissioner Diaz questioned the number of current executive employees who had compensation agreements that were not approved by the county commission and whether it was currently required that all agreements which exceeded the pay plan be presented to the commission. Assistant County Attorney Kraftchick noted he was not aware of any agreements that were not approved by the county commission. He noted that whenever the County Administration became aware of contracts exceeding the pay plan, they presented them to the commission. Commissioner Diaz said he believed that any changes within an existing pay plan should be presented to the County Commission whether or not it related to an executive employee. Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented.

Internal Mgmt. & Fiscal Responsibility Committee 7/12/2011 2G Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jesse McCarty read into the record the title of the foregoing resolution. Commissioner Suarez requested to be listed as a co-sponsor. In response to Commissioner Diaz’ request for clarification on the plan outlined in this proposed resolution, Assistant County Attorney McCarty requested additional time to summon the assistant county attorney assigned to this area of expertise. Later in the meeting, Assistant County Attorney Bill Candela responded to Commissioner Diaz’s question as to whether the Mayor approving the County Administration’s pay plan constituted a Conflict of Interest. He explained that, under the existing pay plan, the Mayor could approve the plan, but County Commission approval would be required for any compensation beyond what was already in the plan. He noted the intent of this item was to adhere to this process. Commissioner Diaz noted that he disagreed with Mr. Candela because he believed this proposed extended beyond the Charter in telling the Administration what to do. He maintained that the Mayor should have discretion to approve the compensation plan for his staff in the same manner as commissioners. Commissioner Edmonson noted she agreed with Commissioner Diaz, considering the County had a Strong Mayor. Commissioner Jordan noted that this proposed resolution would not change the process of how the Board addressed the compensation plan for administrative positions without a pay range nor would it require County Commission approval. She also noted she believed this was designed to prevent the type of situation that occurred at the City of Miami where certain commissioners claimed they were unaware of individuals receiving salaries that exceeded the pay ranges in the City’s compensation plan. She noted this proposal had no relevance to the Strong Mayor. Assistant County Attorney Candela, in response to Commissioner Jordan’s question, noted the county did not have any other contracted employees other than those in the Mayor’s Office. Discussion ensued regarding the terms of the County’s compensation plan for County employees, which included eligible sick leave, vacation time, and currently up to 500 hours of cumulative annual time. Following further discussion regarding the requirement to disclose information on salaries exceeding the amount established by the County’s compensation plan, Commissioner Jordan noted she supported this proposal and believed it would serve as a safeguard. Chairwoman Bell concurred with Commissioner Jordan. She noted this resolution was only applicable to salaries that exceeded those in the County’s compensation plan. She also noted she would like to have the number of sick and vacation hours accrued by County employees reviewed and determine whether this proposal could be broadened. Commissioner Bovo spoke in support of the foregoing proposal, noting that it was only addressing any pay plan that went beyond the scope, and as part of the legislative body these items should be discussed and approved by the County Commission. Commissioner Suarez noted he supported this proposal, but he would like to hear from the current Mayor whether this proposal would curtail excessive executive compensation or limit accrued annual vacation leave. Commissioner Edmonson noted she agreed with Chairwoman that the amount of vacation leave accumulated should be limited. She noted she initially spoke in opposition to this resolution; however, based on the Chairwoman Bell and Commissioners Bovo and Jordan’s comments, she would support it and asked to be listed as a co-sponsor. Commissioner Diaz reiterated his concerns that the Mayor should have discretion to approve the compensation plan for his staff in the same manner as commissioners. Following further discussion regarding the foregoing proposed resolution, Commissioner Jordan pointed out that salary ranges did not include bonuses, which could circumvent the process; however, this proposal would ensure that salaries remained within the County’s compensation pay plan. Ms. Glazer-Moon explained that the County’s compensation plan included a provision for bonuses. Hearing no further questions or comments, the Committee members proceeded to vote on the foregoing proposed resolution. Mayor Gimenez noted his position regarding the County’s compensation plan had not changed. He noted he supported this proposed resolution because he would not exceed plan. He read, into the record, a statement noting his focus had been on developing a comprehensive budget for fiscal year (FY) 2011-2012. Mayor Gimenez noted that he would release the (FY) 2011-2012 proposed County Budget by July 13, 2011, once he met with the remaining commissioners. He also noted that he had identified funding to continue providing the $100 rebate and the Meal Program in the Senior Citizens Program. He noted his recommendations included a proposal to roll back the millage rate to 9.7405, the same combined rate as FY 2009-2010. In conclusion, Mayor Gimenez noted he would be holding a series of Countywide Town Hall meetings to ensure that the public understood the proposed changes and the impact on the services. He invited members of the County Commission to attend these outreach community meetings. Commissioner Jordan commended the Mayor, noting she believed this was the first time a Mayor had attended a Committee meeting and presented a Budget Presentation before the budget hearing to provide information on the proposed budget. She asked what would be the resulting impact in terms of employees (i.e., fire and police) layoffs, service cuts based on the adjusted millage rate. Mayor Gimenez noted that today, he rolled out the mileage rate; however, tomorrow he would roll out the budget and the proposed service cuts. He also noted he would like to meet with Commissioner Jordan and other commissioners tomorrow if possible, to inform them on the impacts. He noted the focus was on prioritizing services, noting all services would be impacted to some extent. He also noted that he would continue working throughout the budget process and recess after the July 19, 2011, Board of County Commissioners’ meeting. He further noted that organizational structure would not be available for commissioners to review tomorrow because it had not been finalized; however, it would be presented at the budget hearing in September 2011.

County Attorney 6/27/2011 Referred Internal Mgmt. & Fiscal Responsibility Committee 7/12/2011

County Attorney 6/27/2011 Assigned Lee Kraftchick 6/28/2011

Legislative Text




WHEREAS, the County has in the past offered and agreed to provide compensation and severance packages to certain executive employees which exceeded the benefits otherwise authorized by existing County employment policies; and
WHEREAS, such packages can be costly to the County; and
WHEREAS, the County is presently facing substantial budgetary constraints; and
WHEREAS, the County’s budgetary situation has required it to limit or reduce executive pay and benefits; and
WHEREAS, this Board wishes to ensure that any compensation or severance package provided to an executive employee is reasonable and appropriate before it is accepted and becomes binding on the County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that before the County enters into any agreement to provide an executive employee or potential executive employee with a compensation or severance package that exceeds what is available under the County’s Pay Plan and other existing employment policies of general application, the Mayor or Mayor’s designee shall submit such proposed agreement to this Board for its consideration, approval, modification or rejection.

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