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
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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
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ATTEST:
cTh11a u�
JOLELYN
VILLAGE CL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA I-IELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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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:
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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.
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