Broward County Commission Regular Meeting

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AI-27882

77.

Meeting Date:	11/13/2018
Director's Name:	Andrew J. Meyers
Department:	County Attorney

Information

Requested Action

MOTION TO ADOPT Resolution No. 2018-499 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, December 4, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY LIVING WAGE ORDINANCE; REPEALING AND REPLACING IN THEIR ENTIRETY SECTIONS 26-100 THROUGH 26-102 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO ESTABLISH A LIVING WAGE AND CORRESPONDING HEALTH CARE BENEFIT AMOUNT; PROVIDING FOR DEFINITIONS; PROVIDING THAT THE LIVING WAGE APPLIES TO ALL NEW AND EXISTING CONTRACTS; PROVIDING FOR THE METHOD TO ADJUST THE LIVING WAGE AND HEALTH CARE BENEFIT AMOUNT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Senator Nan H. Rich and
Cosponsored by Commissioner Dale V.C. Holness)

ACTION: (T-11:46 AM) The Board discussed the Living Wage. (Refer to minutes for full discussion.)

ACTION: (T-12:30 PM) Tabled until later in the meeting. (Refer to minutes for full discussion.)

ACTION: (T-2:09 PM) Following discussion, the Board approved this item as amended, with information being brought back to the Board, and a discussion item being brought back to the Board on Tuesday, December 4, 2018, and direction to Publish Notice of Public Hearing for Tuesday, December 11, 2018 with Commissioner Rich's and Commissioner Geller's amendments to the proposed Ordinance. (See Yellow-Sheeted Additional Material, dated November 13, 2018, submitted at the request of Commissioner Geller, the Office of the County Attorney, and Finance and Administrative Services Department.)

VOTE: 7-1. Commissioner Rich voted no.

Why Action is Necessary

The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting on October 23, 2018.

What Action Accomplishes

Amends the Code to repeal and replace Sections 26-100 through 26-102 of the Code.

Is this Action Goal Related

Previous Action Taken

Summary Explanation/Background

The proposed Ordinance repeals and replaces three sections of Broward County's Living Wage Ordinance ("Ordinance") and establishes (1) a new title and legislative findings; (2) reorganization and minor changes to definitions; (3) a living wage and corresponding health care benefit amount for all new and existing contracts; and (4) a new method to adjust the living wage and health care benefit amount.

More specifically, the proposed Ordinance provides for the following:

Commencing on January 1, 2019, the living wage for all new and existing contracts is no less than $13.27 per hour with health care benefits, and no less than $13.27 per hour plus an additional $1.63 per hour without health benefits. Based on this Board's direction on October 23, 2018, the $1.63 per hour may be subject to subsequent change based on the analysis of health care benefits currently being performed by staff.

Provides that covered employers with currently existing contracts shall continue to pay covered employees the current living wage through December 2018. Thereafter, these covered employers are obligated to pay the new living wage amount effective on the earlier of July 1, 2019, or the date the County and the covered employer enter into a written amendment providing for the County to reasonably mitigate increased labor costs as a result of the Ordinance. Between January 1, 2019, and the time the full new living wage amount must be paid, these covered employers will be required to pay either no less than $12.60 per hour (with health care benefits) or no less than $14.23 per hour (without health care benefits), which new rates would take effect on January 1, 2019, without an amendment to the Living Wage Ordinance. By July 1, 2019, these covered employers must pay each covered employee the differential between the amount the covered employee would have received commencing January 1, 2019, had the full new living wage amount been paid and the actual amount of wages paid to the covered employee through June 30, 2019.

Commencing with the first full pay period in January 2019, County part-time benefits eligible and full-time benefits eligible employees under the County pay plan will be paid a living wage of no less than $13.27 per hour, in addition to health care benefits.

Beginning on January 1, 2020, and thereafter on January 1 of each year, the living wage and health care benefits will be adjusted annually by the lowest of: (1) the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), All Items, Miami-Ft. Lauderdale-West Palm Beach, FL, calculated by the United States Department of Labor, for the immediately preceding period of November 1 through October 31; (2) three percent (3%); or (3) the percentage across-the-board compensation increase provided by the County to its unrepresented employees.

Source of Additional Information

Adam Katzman, Senior Assistant County Attorney, 954-357-7600

Fiscal Impact

Fiscal Impact/Cost Summary:

Fiscal Impact Statement by Office of Management and Budget will be distributed as additional material.

Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing
Exhibit 2 - Copy of Proposed Ordinance
Additional Material - Information
Additional Material - Information
Additional Material - Information