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HomeMy Public PortalAbout2023-46 Approving and ratifying a Memorandum of Understanding with the KB Professional Firefighters Association Local 3638RESOLUTION NO. 2023-46 A RESOLUTION OF TILE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING WITH THE KEY BISCAYNE PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 3638; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Key Biscayne Professional Firefighters Association Local 3638 (the "Union") serves as the exclusive bargaining agent for the Village of Key Biscayne ("Village") firefighters, paramedics, driver engineers, lieutenants, and captains; and WHEREAS, the terms and conditions of employment for the Village's firefighters are governed by a Collective Bargaining Agreement covering the period October 1, 2020 through September 30, 2023 (the "CBA"), including promotions; and WHEREAS, Article 23, "Vacancies and Promotions", of the CBA contains the Village and the Union's agreement with respect to the promotional process; and WHEREAS, there are significant costs to the Village for the training of new firefighter/paramedics and there is value in having a succession overlap for imminent vacancies; and WHEREAS, the ability to promote from the current lieutenant promotional register prior to the official severance of the vacating lieutenants will enable a seamless transition for the training of newly hired firefighter/paramedics; and WHEREAS, the Village and the Union are currently bargaining a successor CBA, inclusive of the promotional Article 23, which will not likely to be concluded in time to address the issues created by the imminent vacancies; and WHEREAS, state law mandates that any adjustment to terms and conditions of employment requires mutual agreement between the Village and the Union; and Page Iof3 WHEREAS, the Village and the Union have agreed that (1) four current employees on the promotional registrar will be promoted to the position of fire lieutenant, effective August 1, 2023, and (2) the entirety of Article 23 shall remain status quo through September 30, 2026, as set forth in the Memorandum of Understanding attached hereto as Exhibits "A" (the "MOU"); and WHEREAS, the Village Council desires to approve and ratify the MOU attached hereto as Exhibit "A" and authorize the Village Manager to execute the MOU on behalf of the Village; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Approval and Ratification. That the Village Council approves and ratifies the MOU in substantially the form attached hereto as Exhibits "A." Section 3. Authorization. That the Village Council hereby authorizes the Village Manager to execute the MOU, in substantially the form attached hereto as Exhibits "A," subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. Effective Date, That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 29th day of August , 2023. JOE I. RASCO, MAYOR Page 2 of 3 ATTEST: cTh11a u� JOLELYN VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA I-IELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 3 of 3 MEMORANDUM OF UNDERSTANDING BETWEEN VILLAGE OF KEY BISCAYNE AND PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 3638 This Memorandum of Understanding is entered into this Z � day of AL .,s+ , 2023 by and between the VILLAGE OF KEY BISCAYNE, a Florida Municipal Corpor&ion (the "Village") and PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 3638 (the "Union"). The Village and the Union are collectively referred to as the "Parties." WHEREAS, the Union serves as the exclusive bargaining agent for Village employees that are firefighters/paramedics, driver engineers, lieutenants, and captains, as described in this MOU; and WHEREAS, the terms and conditions of employment for the Village's firefighters/paramedics, driver engineers, lieutenants, and captains are governed by a Collective Bargaining Agreement covering the period October 1, 2020 through September 30, 2023 (the "CBA), including promotions; and WHEREAS, Article 23, "Vacancies and Promotions", of the CBA contains the Parties' agreement with respect to the promotional process; and WHEREAS, there are significant costs to the Village for the training of new firefighter/paramedics and there is value in having a succession overlap for imminent vacancies; and WHEREAS, the ability to promote from the current lieutenant promotional register prior to the official severance of the vacating lieutenants will enable a seamless transition for the training of newly hired firefighter/paramedics; and WHEREAS, the parties are currently bargaining a successor agreement, inclusive of the promotional Article 23, which will not likely to be concluded in time to address the issues created by the imminent vacancies; WHEREAS, state law mandates that any adjustment to terms and conditions of employment requires mutual agreement between the Village and the Union. NOW THEREFORE, the Parties agree as follows: 1. That four (4) current employees on the promotional registrar will be promoted in advance of lieutenant vacancies in order to provide training, supervision, coordination, and succession overlap. 2. That the entirety of Article 23 shall remain status quo through September 30, 2026; 3. The following four (4) current employees will be promoted to lieutenant effective August 1, 2023: Page 1 of 2 Robert Campos Craig Blum Michael Allen Jose Perez 4. The Parties have had the opportunity to consult with legal counsel of their choosing prior to executing this MOU. 5. Upon ratification by the bargaining unit employees represented by the Union and by the Village Council, this MOU shall become effective. In the event that this MOU is not fully ratified for any reason, it shall have no force or effect upon either party. 6. This MOU does not set a precedent for future promotions. 7. Other than as specifically set forth herein, this MOU does not modify the CBA. 8. The Parties agree that this MOU represents the Parties' entire agreement with regards to this subject matter, and that it cannot be amended or modified without express written consent of the Parties. PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 3638: VILLAGE OF KEY BIS r AYNE: Eduardo Blanco Herrera President, IAFF Local 3638 By: Date Executed: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: • Weiss Serota Helfman Cole & Bierman, P.L. Page 1 of 2