052903agenda
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
City Clerk's Office
Telephone 305-673-7411
Facsimile 305-673-7254
CRB MEMBERS
Chairman Steve Zack
Vice-Chair Jonathan Beloff
Member of the Board Ricky Arriola
Member of the Board Victor Diaz
Member of the Board Honorable Seymour Gelber
Member of the Board Larry Herrup
Member of the Board Abraham Laeser
Board Liaison Personnel
Jean Olin, Deputy City Attorney
Robert E. Parcher, City Clerk
Liliam Hatfield, Secretary
CHARTER REVIEW BOARD AGENDA
May 29,2003
I. APPROVAL OF MINUTES OF MAY 13, 2003 (Exhibit A)
II. ISSUES FOR DISCUSSION (Exhibit B)
1. Election Reform
A. Change Election Date to Even Years (Deferred from May 13, 2003 Meeting)
2. Form of Government/Commission Powers
a. Strong Mayor
b. Increase Mayor's Term
c. Increase Salaries - extending the prohibition against lobbying
d. Delete Subpoena Power
3. City Manager/Administrative Changes
a. Department Directors Not Confirmed by Commission
b. Amend Charter to consider long-term economic impact
when adopting resolutions and allocating funds
c. Other Administrative recommendations, i.e., Personnel Board
III. CATEGORIES OF ISSUES (Exhibit C)
1. List of Categories of Issues for Discussion
2. List of Accepted Issues
3. List of Issues Not Approved for Discussion
IV. NEW CORRESPONDENCE
1. Electronic correspondence from Mike Burke
V. INFORMATIONAL MATERIAL (Exhibit D)
1. Zoning Reform Sec. 1.03 (b) Map representing affected land (D1-Map)
2. City Attorney's Office report regarding interpretation of "Waterfront," what land is currently
protected and Issues of rezoning and disposition of land. (D2- Waterfront)
3. Chart representing percentage of affected land. (D3-Chart)
4. Sec. 1.03 ( c) meaning of "adjacent' and what is protected land. (D4-FAR)
5. Report from City Attorney's Office indicating amended language regarding provision in the Related
Special Acts regarding Zoning Board of Adjustment. (D5-ZBA)
CHARTER REVIEW BOARD
AGENDA
MAY 29,2003
II. ISSUES FOR DISCUSSION
1. ELECTION REFORM
A. CHANGE ELECTION DATE TO EVEN YEARS
Review Of General Election/Runoff Dates-Changing Election Dates From
Odd-Numbered Years To Even-Numbered Years For Purposes Of Achieving
Greater Voter Turnout. (Ch. 32.01)
(Deferred from May 13, 2003)
Sec. 2.01. Number and selection.
The City Commission shall consist of six (6) City Commissioners and a Mayor who
shall be elected at large. Each City Commissioner shall be a qualified elector of the
City. City Commissioners shall be elected for groups numbered and designated I--VI.
No candidates for the office of Commissioner shall be permitted to qualify for more
than one (1) group, or for the office of Mayor.
Commissioners in groups numbered I, II and III shall be elected at the general
election to be held on the first Tuesday in November, 1997 and at each general
election each four (4) years thereafter. Commissioners in groups numbered IV, V, and
VI shall be elected at the general election to be held on the first Tuesday in
November, 1995 and at each general election each four (4) years thereafter. The
Mayor shall be elected at the general election to be held on the first Tuesday in
November, 1995 and at each general election each two (2) years thereafter.
A candidate must receive a majority of the votes cast to be deemed elected. If no
candidate receives a majority of the votes cast, there will be a runoff election between
the two candidates in each group receiving the highest number of votes; should a tie
result, the outcome shall be determined by lot. This runoff election shall occur one
week from the date of general election.
In the event that no candidate has qualified in any group, or for Mayor, a vacancy shall
be deemed to have occurred, and shall be filled as provided by the Charter ofthe City
of Miami Beach for the filling of a vacancy.
2. FORM OF GOVERNMENT/COMMISSION POWERS
A. STRONG MAYOR
Change Form Of Government From City Manager To "Strong Mayor".
Sec. 1.01. Corporate existence: form of Qovernment: Charter.
The City of Miami Beach (hereafter "City") in Dade County, Florida, which was created
by the Florida Legislature, shall continue as a municipal corporation with a
Commission-City Manager form of government as provided herein and with this
document as the Charter for the City.
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B. INCREASE MAYOR'S TERM
Increase Mayor's Term Of Office From Two (2) To Four (4) Years.
Sec. 2.02. Term and compensation.
The term of office of the Mayor shall be two (2) years. The term of office of the City
Commissioners shall be four (4) years.
Commencing with the General Election in November 1997 (excluding individuals
holding City of Miami Beach elective office prior thereto for their unexpired terms), the
term limit for Miami Beach Commissioners shall be eight consecutive years and the
term limit for Miami Beach Mayor shall be six consecutive years respectively,
measured retroactively from their first elections said terms not including time served
as a member of the City of Miami Beach Commission as a result of having filled a
vacancy in the Commission pursuant to Section 2.07 of the City of Miami Beach
Charter.
The annual compensation for the Office of Commissioner shall be six thousand
dollars ($6,000.00) and the compensation for the Office of Mayor shall be ten
thousand dollars ($10,000.00); any increase in salary for Mayor and/or Commissioner
shall require approval of a majority of the electorate voting at a City election. (Res.
No. 96-22083, S 8, 7-17-96/11-6-96)
C. INCREASE SALARIES - EXTENDING THE PROHIBITION AGAINST
LOBBYING.
Reforming Duties And Obligations Of Mayor And City Commissioners, I. E.:
Increasing Salaries Of Elected Officials With Corresponding Prohibition On
Lobbying City After Leaving City Service Including "Good Government
Reform" And Public Ethics.
(Refer to Ch. ~ 2.02 above)
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D. DELETE SUBPOENOA POWER
Delete City Charter Section 2.03 "Powers Of Commission" Granting The
Commission Power To Issue Subpoenas.
Sec. 2.03. Powers of the city commission.
All powers of the City shall be vested in the City Commission except those powers
specifically given to the Mayor, the City Manager, and to the City Attorney, as provided
in this Charter and except those powers specifically reserved in this Charter to the
electors of the City. Moreover, the City Commission shall have all powers and
privileges not inconsistent herewith, granted to the City Commission of cities and
towns by the general laws of the State of Florida, and shall have power to do and
perform all things necessary for the government of the City not inconsistent with the
constitution of the State of Florida, the Constitution and laws of the United States, and
the terms and provisions of this Charter.
The City Commission shall appoint a City Manager and a City Attorney; the City
Commission shall have power to remove the City Manager and/or City Attorney at any
time by a majority vote of the Commission, or, in the event of an employment
agreement between the parties removal shall occur pursuant to the terms of said
agreement.
The Commission may also investigate the official acts and conduct of any City official,
and by similar investigations may secure information upon any matter. In conducting
such investigations, the Commission may require the attendance of witnesses and the
production of books, papers and other evidence, and for that purpose may upon a
five-sevenths ( 5/7) vote, issue subpoenas which shall be signed by the Mayor.
The independent City Auditor shall be appointed by the City Commission; both
appointment and removal of the independent City Auditor shall be made by the City
Commission. Duties, method of selection and method of compensation of the
independent City Auditor shall be established by ordinance.
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3. CITY MANAGER/ADMINISTRATIVE CHANGES
(k)
A. DEPARTMENT DIRECTORS NOT CONFIRMED BY COMMISSION
Amend Charter Provision Concerning "Power Of City Manager" So As To
Delete Requirement That City Commission Confirm The Appointment Of
Department Directors.
(a)
(b)
Sec. 4.02. City manaQer--Functions and powers.
The City Manager shall be the chief executive officer and head of the administrative
branch of the City government. Except as specifically provided otherwise in this
Charter, the City Manager shall be responsible to the City Commission for the proper
administration of all affairs of the City. The functions and powers ofthis office shall be:
To see that the laws and ordinances are enforced.
To appoint all directors of the several departments now existing, orto be created, with
the consent of the City Commission, and to remove the same at will, except for the
Legal Department.
To appoint and remove, at will, the division heads of departments or divisions now
existing or to be created by law or ordinance, except for the Legal Department.
To appoint and remove at will, all other officers or employees in the unclassified
service of the City, except the Mayor and City Commissioners, or those individuals
appointed by the Commission, the employees in the Mayor's Office who are in the
unclassified service for whom the Mayor shall be the appointing authority, and the
unclassified personnel in the Legal Department who shall be appointed and removed
by the City Attorney.
To attend all meetings of the City Commission, with the right to take part in the
discussion, but having no vote.
To recommend to the City Commission for adoption, such measures as he/she may
deem necessary or expedient.
To keep the City Commission fully advised as to the financial condition and needs of
the City.
To have general and special supervision and control, subject to the control by the City
Commission, of the several departments now existing, except for the Legal
Department, or hereafter to be created, and the City Manager shall be purchasing
agent of the City, with authority to delegate such duty.
To negotiate all contracts and agreements in which the City is a party subject to the
approval of the City Attorney and City Commission.
The City Manager shall account to the City Commission for the conduct and
acts of the several departments now existing, or hereafter to be created, and he/she
shall have supervision and control of the heads of the said departments, and such
heads as appointed by the City Manager shall be accountable to the City Manager for
the conduct and acts of their departments, except for the Legal Department.
To perform such other duties as may be prescribed by the City Commission by
ordinance or resolution.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
U)
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B. AMEND CHARTER TO CONSIDER LONG-TERM ECONOMIC IMPACT
WHEN ADOPTING RESOLUTIONS AND ALLOCATING FUNDS.
Amend Charter To Include Wording That Would Require The Mayor And City
Commission When Adopting Resolutions And Allocating Funds To Consider
The Long Term Economic Impact (At Least 5 Years) At A Threshold Level To
Be Determined (As A Percentage Of Budget).
Sec. 5.02. BudQet.
In accordance with Florida law the City Commission shall adopt an annual budget.
State law references: Procedure for adoption of budget, F.S. S 205.065.
Florida Statute Sec 205.065 Exemption: nonresident persons regulated by the
Department of Business and Professional Regulation.--If any person engaging in or
managing a business, profession, or occupation regulated by the Department of
Business and Professional Regulation has paid an occupational license tax for the
current year to the county or municipality in the state where the person's permanent
business location or branch office is maintained, no other local governing authority
may levy an occupational license tax, or any registration or regulatory fee equivalent
to the occupational license tax, on the person for performing work or services on a
temporary or transitory basis in another municipality or county. In no event shall any
work or services performed in a place other than the county or municipality where the
permanent business location or branch office is maintained be construed as creating
a separate business location or branch office of that person for the purposes of this
chapter. Any properly licensed contractor asserting an exemption under this section
who is unlawfully required by the local governing authority to pay an occupational
license tax, or any registration or regulatory fee equivalent to the occupational license
tax, shall have standing to challenge the propriety of the local government's actions,
and the prevailing party in such a challenge is entitled to recover a reasonable
attorney's fee.
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C. OTHER ADMINISTRATIVE RECOMMENDATION
1) PERSONNEL BOARD
Sec. 12. Personnel board.
Until August 1, 1955, the personnel board shall consist of nine members, being five
voting members and four nonvoting members. The five voting members shall be
citizens of Miami Beach not in the employ of the city, each having a different vocation,
the term "vocation" as used herein meaning the principal means of livelihood of the
member. They shall be appointed by the votes of five-sevenths of the City
Commission and shall serve for a term of five years. The four nonvoting members of
the personnel board shall consist of the Director of Human Resources and three
regular employees of the City of Miami Beach to be elected by the probationary and
regular employees of the city. One such nonvoting member shall be elected from the
employees of regular status in each of the following groups by the employees of
probationary and regular status in the respective groups. Group 1 shall consist of the
employees of the police department, fire department and beach patrol department.
Group 2 shall consist of employees who are in clerical and executive positions; Group
3 shall consist of all other employees. At the first election held by the employees at as
early a date as is practicable after June 1, 1951, the three nonvoting employee
members shall be elected for terms commencing August 1, 1951. The term of the
member representing Group 1 shall be for three years, the term of the member
representing Group 2 shall be for two years, and the term ofthe member representing
Group 3 shall be for one year. Thereafter an election shall be conducted for the group
in which a term expires, and the term of such member so elected shall be for three
years. The city clerk shall conduct and supervise the election of the nonvoting
members of the personnel board.
From and after August 1, 1955 the personnel board shall consist often members, of
whom six shall be citizens of Miami Beach not in the employ of the city, each having a
different vocation, the term "vocation" as used herein meaning the principal means of
livelihood of the member. At least one citizen must work in the field of human
resources. They shall be appointed by the votes of five-sevenths of the City
Commission and shall be voting members. The five voting members who are in office
on August 1, 1955 shall continue in office as voting members until August 1 st of the
last calendar year in the term for which such member was appointed, and until his
successor is appointed. The vacancy caused by the increase in membership on
August 1 , 1955 shall be filled by an appointment for a term of two years commencing
August 1, 1955. Thereafter, at the expiration of the terms of such members, the
vacancy so caused shall be filled by appointment for a term offive years commencing
August 1 st of the year in which the vacancy as a result of such expiration of term
occurs. The other four members of the personnel board shall be the Director of
Human Resources, who shall not be a voting member of the board, and three regular
employees of the City of Miami Beach, to be elected by the probationary and regular
employees of the city in the same manner and from the same group as was in effect
immediately prior to August 1 , 1955. The employee members of the personnel board
who are in office on August 1 , 1955 and whose terms have not expired shall continue
in office as employee members for their respective unexpired terms. An election shall
be conducted for the employee group in which a term expires, and the term of such
member so elected shall be for three years. The three employee members shall be
entitled to a total of one vote, voting as an employee member unit, in the
determination of all matters before the personnel board. A majority of the employee
members present shall control the one unit vote of the employee membership; if only
two employee members are present and cannot agree, then the unit vote of the
employee membership shall be a nullity; if only one employee member is present,
then he or she shall be entitled to ease [cast] the one unit vote of the employee
membership.
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Any nonemployee member of the personnel board, except the Director of Hum~m
Resources, may be removed by the City Commission if at least five-sevenths of the
members of the City Commission vote for such removal. Vacancies occurring in the
membership of the personnel board shall be filled within thirty days in the same
manner in which the vacant membership was originally selected. The member so
selected shall serve for the unexpired term of his predecessor on the board. Any
employee member of the personnel board may be removed if at least twenty-five
percent of the total employee members of his group shall sign a petition for an
election to determine whether or not such employee member should be removed and
the petition is presented to the city clerk, who shall thereupon conduct and supervise
such election, and a majority of the members of the group voting at such election
shall vote to remove such employee member.
The personnel board shall select its own chairman and vice-chairman from its
nonemployee voting members. There shall be regular meetings of the board held
once a month, and such additional special meetings as may be required. Special
meetings may be called by the chairman, and upon demand by any three or more
board members, but only after reasonable notice has been given to all members and
the city manager. At least three nonemployee voting members and at least one
employee member shall constitute a quorum, but an affirmative vote of not less than
three members shall be required for determination of all matters before it, exceptthat
in cases of adjournment or recess only a majority vote of those members present
shall be required. All regular and special meetings of the board shall be open to the
public, but this shall not be construed to prevent private conferences at which no
formal action is taken.
The personnel board shall:
W provide recommendations to the City Manager on H~l'.'e 3uthority to require
perform3nce of 311 personnel procedure 3nd operations specified or contemplated
by this Act. or the personnel rules. The b03rd sh311 3ppro'.'e the budget request for
the Dep3rtment of Hum3n Resources.
(8) Approve or dis3ppro'.'e or 3mend, in 3ccord3nce 'Nith section 6 [14] ofthis Act, the
personnel rules 3nd 3mendments thereto.
(C) Approve or dis3pprove or 3mend the c13ssific3tion pl3n, cl3ss specific3tion 3nd
requirements to be met by 3pplic3nts for competiti'.'e eX3min3tions 3S provided in
section 2 D [10 D.] of this Act.
(D) He3r 3ppe31s in C3se 3ny officer or employee in the cl3ssified service is
suspended, reduced or removed in 3ccord3nce with the procedure in section 9 [17] of
this Act 3nd the rules m3de thereunder.
(E) He3r 3ppe3ls, m3ke investig3tions 3nd review 3dminictr3tive interpret3tions ofthe
personnel rules, 3nd direct 3dministr3tive 3ction consistent 'Nith its findings.
(L3ws ofFI3., 1937, ch.18696, 3 4; L3ws ofFI3., 1951, ch. 27735, 3 3; L3ws ofFI3., 1955, ch. 30987,
3 1; Ord. No. 93 2868, 3 1, 9 22 93; Ord. No. 97 3086, 3 4, 7 2 97)
Editors Note: The pro':isions rog3rding the personnel b03rd 3ro cont3ined in Code
section 78 1. The provisions in Code section 78 1 'Nhich 3ro not required to be
3mended by referendum 3ro controlling in rog3rd to the personnel b03rd. Those
pro':isions ,,.:hich 3ro required by F .s. 3 166.021 to be 3mended by referendum 3ro
identic31 in this section 3nd Code section 78 1.
III. ADJOURNMENT
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