Resolution No. 2017-49 Approving Memorandum of Understanding Amending Police Collective Bargaining Agreement - October 3, 2017 RESOLUTION NO. 2017-49
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A MEMORANDUM OF
UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING
AGREEMENT BY AND BETWEEN THE CITY AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OCTOBER 1,
2016 THROUGH SEPTEMBER 30, 2019; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") desires to ratify a Memorandum of
Understanding (the "MOU") amending the Collective Bargaining Agreement between the
City and the Dade County Police Benevolent Association (the "PBA") for the bargaining
unit consisting of employees in the classification of Police Officer and Police Sergeant in
effect from October 1, 2016 through September 30, 2019 (a copy of the MOU is attached
hereto as Exhibit "A"); and
WHEREAS, the MOU addresses entry eligibility and participation length deadlines
for the deferred retirement option plan ("DROP"), which is a component of the City of
Aventura Police Officers' Retirement Plan (the "Plan"); and
WHEREAS, the City Commission finds that this Resolution conforms with
applicable law, enhances the health, safety and welfare, and is in the best interest of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above-stated recitals are hereby confirmed
and adopted.
City of Aventura Resolution No. 2017-49
Section 2. Approval. The MOU between the City and the PBA, in substantially
the form attached hereto as Exhibit "A," is hereby approved, and the City Manager is hereby
authorized to execute the MOU on behalf of the City.
Section 3. Implementation. The City Manager is hereby authorized to take any
action which is necessary to implement this Resolution
Section 4. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Landman, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 3rd day of October, 2017.
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City of Aventura Resolution No. 2017-49
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ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVAT , C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY A ORNEY
This Resolution was filed in the Office of the City Clerk this 5 day of 0 , 2017.
CITY CLERK
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION)
This Memorandum of Understanding is entered into this ' ed day of October, 2017
by and between the City of Aventura, Florida (the "City") and the Dade County Police
Benevolent Association (the"Union"). The City and the Union are collectively referred to as the
"Parties."
WHEREAS, the Parties entered into a Collective Bargaining Agreement for the period
of October 1, 2016 to September 30, 2019 ("CBA"), which sets forth the terms and conditions of
employment of the City's police officers and sergeants;
WHEREAS, the Parties agreed in Article 29, Section 3(b) of the CBA to create a
Deferred Retirement Option Plan ("DROP"), with members electing to enter the DROP eligible
to participate in the DROP for as much as five years beginning on the first day such member is
eligible for normal retirement;
WHEREAS, the Parties wish to modify Article 29, Section 3(b) of the CBA to allow
Plan members to enter the DROP on or before they reach 25 years of service or age 57 with 11
years of service and still have a full five years of eligibility to participate in the DROP;
WHEREAS, the Parties recognize that this Memorandum of Understanding only
modifies Article 29, Section 3(b) of the CBA and does not modify any other Article contained in
the CBA.
NOW, THEREFORE,the Parties agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Article 29, Section 3(b)of the CBA is amended as follows:'
Effective October 1, 2018, a deferred retirement option plan ("DROP") will be
created. A member will be eligible to enter the DROP on the first day that he/she
is eligible for normal retirement. The maximum period that a member may
participate in the DROP is five (5) years beginning from the date on which a
member reaches 25 years of service or the date on which a member reaches age
57 with 11 years of service ("Maximum DROP Entry Deadlinesen
-- • - •_ . - . . . - ' - . A member may elect to enter
DROP after the foregoing dates, but his/her maximum participation in the DROP
will be reduced by the period of time in which the member delayed entry in the
DROP after reaching either of the foregoing Maximum DROP Entry Deadlines.
A member's DROP account will be self-directed and the members will be solely
responsible for the gains and losses of their individual accounts. Members who
1 Proposed additions to the CBA are indicated by underline.
elect to participate in the DROP shall be required to separate from City service at
the conclusion of the DROP period. A member's DROP shall be distributed to
the member in a lump sum as soon as administratively practicable and not more
than 90 days following the conclusion of the DROP period. The City shall have
no liability or responsibility to guarantee the principal and/or rate of return for a
member's DROP assets. The DROP accounts, although self-directed separate
accounts, will remain part of the pension trust, and distributions from a member's
account shall not be permitted until termination of employment.
3. The Parties agree that this Memorandum of Understanding represents the Parties'
entire agreement and it cannot be amended or modified without the express consent
of the Parties.
4. The Parties have had the opportunity to consult with legal counsel of their choosing.
5. The Parties signify their agreement with this Memorandum of Understanding by
affixing their signatures below.
DADE COUNTY POLICE BENEVOLENT CITY OF AVENTURA, FLORIDA
ASSOCIATION
By: By: - 1111110.
John Rivera Eric Sor i ka
President City M. ager
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