061003agenda
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
June 10, 2003 at 4:30 p.m.
Mayor's Conference Room
I. APPROVAL OF MINUTES OF MAY 29, 2003 (Exhibit A)
II. PRESENTATION BY JORGE GOMEZ, PLANNING DIRECTOR Sec. 1.03 (b) Waterfront Property
1. Zoning Reform Sec. 1.03 (b) Map representing affected land
2. Chart representing percentage of affected land.
III. ORAL REPORT BY GARY HELD, FIRST ASSISTANT CITY ATTORNEY - See 1.03 (c) FAR
1. City Attorney's Office report regarding interpretation of "Waterfront," what land is currently
protected and Issues of rezoning and disposition of land.
2. Sec. 1.03 ( c) meaning of "adjacent' and what is protected land.
3. Report from City Attorney's Office indicating amended language regarding provision in the
Related Special Acts regarding Zoning Board of Adjustment.
III. APPROVED ISSUES FOR DELIBERATION (Exhibit B)
IV. CATEGORIES OF ISSUES (Exhibit C)
1. List of Categories of Issues for Discussion
2. List of Issues Not Approved for Discussion
V. NEW CORRESPONDENCE (Exhibit D)
1. Correspondence from Richard D. McKinnon, President of CWA Local 3178 addressed to the
Chairman of the City Charter Review Committee, dated May 6,2003. (Received via email May
29,2003)
2. Correspondence from Richard D. McKinnon, President of CWA Local 3178 addressed to
Mr. Steven Zack, dated May 29,2003. (Received via email May 29,2003)
3. Email from David Leahy, Supervisor of Elections, Miami-Dade County dated June 6, 2003
regarding election statistics.
4. City of Miami Beach Election Statistics faxed by the Miami-Dade Election Department.
V. INFORMATIONAL MATERIAL (Exhibit E)
Miscellaneous Correspondence, emails and Handout Materials received.
City of Miami Beach Meeting Notices.
CHARTER REVIEW BOARD
AGENDA
June 10, 2003
II. ISSUES FOR DISCUSSION
1. BILL OF RIGHTS
A) DIVERSITY
Amend Citizen's Bill Of Rights To Include Language Expressing Citizens'
Right To Be Free Of All Forms Of Discrimination, Including That Based Upon
Sexual Orientation.
--Expand The Citizen's Bill Of Rights Relative To Diversity And Assurance Of
Equal Opportunity For Every Resident. In Addition, And For Definition
Purposes, Suggest The Following Anti-Discrimination Language:
"Discrimination Shall Mean Violations Of Civil Rights On Account Of Race,
Color, Religion, Creed, Sex, National Origin, Ethnicity, Age, Disability Or
Medical Condition, Political Affiliation, Sexual Orientation, Ancestry, Marital Or
Domestic Partners Status, Gender Identity, Parental Status, Other Non Merit
Factors, Or Any Category Provided For By Ordinance."
B. SUNSHINE LAW
Amend Citizen's Bill of Rights to include specific language which will
ensure requirements of the Sunshine Law (possibly identifying which
meetings shall be public, etc.)
C. CUSTOMER SERVICE PLAN
Establish Procedures For "Customer Service Plan", As Adopted By The City
Of San Francisco, Reading Substantially As Follows:
"Each Department Of The City Shall Adopt An Annual Customer Service
Plan, In A Format To Be Determined By The City Commission By Ordinance.
The Commission May Excuse A Department From Particular Requirements
Of The Ordinance Where Compliance Would Be Inappropriate Or Impractical.
Each Department Shall File Its Customer Service Plan With The City
Commission No Later Than January 1 Of Each Year, Along With A Report On
How The Department Met The Previous Year's Plan, If Any."
(Withdrawn, May 6, 2003)
D. NATURAL RESOURCES AND SCENIC BEAUTY
Amend Citizen's Bill Of Rights To Include Language Regarding "Natural
Resources And Scenic Beauty".
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2. FORM OF GOVERNMENT
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.
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.
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)
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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.
3. ELECTION REFORM
A. RUNOFF ELECTION (Ch. ~ 2.01)
Change Runoff Election Date From One (1) Week After General Election, To
Two (2) Weeks After General Election.
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
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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.
B. RESIDENCY REQUIREMENT (Ch. ~ 6.03)
Establish Residence Durational Requirement (Prior To Qualifying For
Office) For Commission Candidates. (This Proposal Also Suggests
Residence Requirement For Elected Officers During Term Of Office.)
Art. VI. ELECTIONS Sec. 6.03 - QualifvinQ
The City Commission shall cause to be placed on the ballot to be used in the general
election the name of any qualified elector of the City who, within the four (4)
consecutive days immediately following the first Monday of September prior to said
general election, shall have paid to the City Clerk of the City of Miami Beach the sum
equal to seven and one-half percent (7 Y2%) of the annual salary ofthe office to which
he/she seeks election as a qualifying fee and shall have been photographed and
fingerprinted by the identification bureau of the Police Department of the City, unless
such a person shall file with the City Clerk no later than the second day for qualifying
as a candidate for such office, a petition approving his candidacy signed by sufficient
qualified and registered voters to constitute not less than two percent (2%) of this
number of such voters as the same shall be on the date sixty (60) days prior to the
first day of qualifying as a candidate for office, and shall have taken, signed and
subscribed to an oath or affirmation in writing in which he/she shall state (1) the title of
the office for which he/she is a candidate; (2) that he/she is a qualified elector of the
City of Miami Beach, Florida; (3) his/her legal residence, by street and number; (4)
that he/she is qualified under the ordinances (including Miami Beach City Code
Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida, to
hold the office for which he/she is a candidate.
Such oath or affirmation shall be substantially in the following form:
TABLE INSET:
I STATE OF FLORIDA
COUNTY OF DADE
I SS
Before me, an officer authorized to administer oaths, personally appeared to me well
known who, being sworn, says that he/she is a candidate for the office of City
Commissioner (Group No. (or Mayor) for the City of Miami Beach, Florida;
that he/she is a qualified elector of said City; that his/her legal residence is:
, Miami Beach, Dade County, Florida; that he/she is qualified under
the ordinance (including Miami Beach City Code Chapter 38 governing "Elections")
and Charter of said City to hold such office; and that he/she has paid the required
qualification fee.
day of
Signature of Candidate
AD., 19
Sworn to and subscribed before me this
Authorized Officer
The City Commission shall, by ordinance, prescribe the manner of holding
general and special elections not inconsistent with the provisions hereof, and shall, by
ordinance or resolution, prescribe polling places in the various voting precincts in the
City.
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C. 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)
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.
4. ZONING REFORM
A. SECTION 1.03 (b ) WATERFRONT PROPERTY
Review Of City Charter Section 1.03 (8) Regarding Referendum
Requirement Prior To Disposition Of City-Owned Waterfront Property.
Sec. 1.03 (b). Powers of city.
Alienability of property. The only limitation concerning alienability of City-owned
property is the restriction of the sale, exchange, conveyance or lease of five (5) years
or longer (including option periods) of park, recreation, or waterfront property in the
City of Miami Beach while it is being used for such public purpose, unless such sale,
exchange, conveyance or lease is approved by a majority vote of the voters in a City-
wide referendum. This provision shall be liberally construed in favor of the
preservation of all park, recreation, and waterfront lands. This provision shall not be
construed to apply to any valid written contractual commitments or bids or bonded
indebtedness which commitments, bids or indebtedness existed priorto November 4,
1992. Further, this provision shall not apply to any City-owned educational facility or
library property, any parking facility not located on park, recreation, or waterfront
property or to any utility or access easements or right-of-ways, or to that triangular
parcel of City-owned property known as Parcel 2 of South Pointe Park located within
the Miami Beach Redevelopment Area, said parcel generally described as being
138.87 feet fronting on Biscayne Street with a northerly boundary of 265.43 feet
adjacent to Block 8 of South Pointe Development company, and a Southeasterly
boundary of 226.20 feet adjacent to Cook
Inlet Region property.
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B. SECTION 1.03 (c) FAR
Review Of City Charter Section 1.03 (C) Regarding Referendum Requirement
Prior To Increase In Floor Area Ratio ("FAR") Of Certain Waterfront Property.
Sec. 1.03 (c ) Powers of City
The floor area ratio of any property or street end within the City of Miami Beach
adjacent to the Atlantic Ocean, Government Cut, Indian Creek or Biscayne Bay shall
not be increased by zoning, transfer, or any other means from its current zoned floor
area ratio as it exists on the date of adoption of this Charter Amendment [November
7, 2001], including any limitations on floor area ratios which are in effect by virtue of
development agreements through the full term of such agreements, unless any such
increase in zoned floor area ratio for any such property shall first be approved by a
vote of the electors of the City of Miami Beach. This Charter Amendment shall
become effective on the day after its approval by the voters of the City of Miami
Beach. No rights in derogation of the provisions of this Amendment under any
ordinance or any other action of the Miami Beach City Commission between the time
this measure is approved by the Miami Beach City Commission for placement on the
November 6, 2001 ballot and the adoption of this Amendment shall be enforced
against the City of Miami Beach.
(Res. No. 97-22413,6-4-97; Res. No. 98-22763, 6-3-98; Res. No. 2001-24539, 7-18-
01)
C. ZONING BOARD OF ADJUSTMENT - 5 to 7 (Spc. ReI. Acts ~ 2)
Amend Section 2 Of The City's Special Related Acts So As To Increase
CMB Zoning Board Of Adjustment From 5 To 7 Members, And To Change
Provision Requiring 5/7 Vote Of City Commission For Appointment Of ZBA
Members To 4/7 Vote. (Resolution 2003-25201)
Sec. 2. Appointment. composition and duties of board of adiustment.
The existing board of adjustment, consisting of five members, be and the same is
hereby abolished. A new board consisting of seven members, and to be designated
as the board of adjustment, is hereby created. Said new board of adjustment shall
consist of seven members as follows:
The city's planning and zoning director and public works director shall be ex
officio members without the right of vote, and whose presence shall not be counted
for the determination of a quorum. The remaining five members shall consist of the
following:
One member shall be appointed from one of the following professions or
callings: Law, architecture, engineering, real estate development, certified public
accounting, financial consultation, and general business. The members representing
the professions of law, architecture, engineering and public accounting shall be duly
licensed by the State of Florida; the member representing general business shall be
of responsible standing in the community, and each member shall be bound by the
requirements of the Conflict of Interest Ordinance of the city and shall be subject to
removal from office for the violation of the terms thereof. No member shall have any
financial or other interest in any matter coming before the board. Members shall be
appointed for a term of one year by a five-sevenths vote of the city commission.
Members of the board of adjustment must be either residents or have their principal
place of business in Miami Beach; provided, however, that this amendment shall not
affect the term of existing members of the board of adjustment.
Such board of adjustment shall hear and decide appeals from, and review, any
order, requirements, decision or determination made by an administrative official
charged with the enforcement of the Zoning Ordinance of the City of Miami Beach.
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Where there are practical difficulties or unnecessary hardships in the way of carrying
out the strict letter of said Zoning Ordinance, the board of adjustment shall have the
power in passing upon appeals, to vary or modify any regulations or provisions of such
ordinance relating to the use, construction, or alteration of buildings or structures, or
the use of land, so that the spirit of the Zoning Ordinance shall be observed, public
safety and welfare secured, and substantial justice done. In no case shall the board
have any power to amend the Zoning Ordinance with reference to the use of land, or
jurisdiction over any request for variance which shall constitute an amendment to the
Zoning Ordinance as to the use of land. The board shall fix a reasonable time for the
hearing of any matter before it and shall give due notice thereof to the parties.
Upon the hearing, any person may appear in person or by agent or by attorney.
The board may require that all testimony given before it shall be under oath. Any
order or decision of the board of adjustment shall require an affirmative four-fifths vote
of the board. The decision of the board of adjustment shall be final and there shall be
no further review thereof except by resort to a court of competent jurisdiction by
petition for writ of certiorari.
All variance requests shall be first submitted to the city attorney for a
determination whether the requested variance is properly such, and does not
constitute a change or amendment to the Zoning Ordinance. The jurisdiction of the
board of adjustment shall not attach unless and until the board has before it a written
certificate of the city attorney that the subject matter of the request is properly before
the board. The separate written recommendations of the planning and zoning director
and of the public works director shall be before the board prior to its consideration of
any matter before it.
(Laws of Fla., 1923, ch. 9837, S 7; election of 5-29-62; election of11-5-68; election of
4-23-70; election of 3-8-77; election of 11-1-77)
5. CITY MANAGER/ADMINISTRATIVE CHANGES
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.
Sec. 4.02 (b) 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:
(b)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.
B. CITY MANAGERANDADMINISTRATIVE ORGANIZATION-Art. IV
Amend Article IV, City Manager and Administrative Organization, Sec4.02 (i)
to change approval of the City Attorney to "review" of the City Attorney.
Sec. 4.02 (i) City manaQer--Functions and powers.
(i) To negotiate all contracts and agreements in which the City is a partysubjectto the
3ppro'/31 review of the City Attorney and City Commission.
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C. 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 See 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.
D. Art. II. PUBLIC LIBRARY
Art. II. Public Librarv
* Editors Note: The public library is operated pursuant to an interlocal
agreement which is on file in the city clerk's office.
Sec. 3. Authority to acquire, maintain and operate.
The City of Miami Beach, in Dade County, Florida, is hereby authorized and
empowered to acquire, maintain and operate a public library or libraries within the
corporate limits of the City of Miami Beach; to provide by ordinance of its city
commission for the manner and method of such operation, administration and
financing of such public library or libraries.
(Laws of Fla., 1949, ch. 26027, S 1; election of 11-1-83)
Sec. 4. Board of trustees.
Any ordinance passed and adopted hereunder by the said City of Miami Beach,
or on its behalf by its city commission, shall provide for a board of trustees for the
management and administration of such public library or libraries, which board of
trustees shall consist of members who shall be appointed or removed by the city
manager by and with the approval of the city commission, in a manner and on such
terms as may be established by the ordinance. Said board of trustees shall have the
power to adopt bylaws, rules or regulations for the conduct of its own meetings or
business and for the regulation and control of the operation of such library or libraries.
(Laws of Fla., 1949, ch. 26027, S 2; election of 11-1-83)
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Sec. 5. Personnel subject to provisions of article IV hereof.
All personnel, except unclassified personnel, employed in the operation,
maintenance and administration of said public library or libraries shall be subject to
the provisions of Laws of Florida, 1937, ch. 18696 entitled:
"An act creating a civil service system for certain officers and employees of
the City of Miami Beach, Florida; creating a department of personnel, defining its
membership, powers and duties; designating the officers and employees who are
within the terms of said act; defining the certain terms of said act; providing for
appointments, promotions, suspension, reductions and removal of officers and
employees; providing for the status of officers and employees holding positions when
this act takes effect; providing for referendum when said act shall take effect and
other matters relating thereto."
(Laws of Fla., 1949, ch. 26027, S 3; election of 11-1-83)
Sec. 6. Repeal of conflictinQ laws.
All laws and parts of laws in conflict herewith are hereby repealed.
(Laws of Fla., 1949, ch. 26027, S 4; election of 11-1-83)
E. Art. III, Sec. 7 - MUNICIPAL PROJECTS
* Editors Note: Sections 3--16 of Laws of Fla., 1941, ch. 21401, regarding the
issuing and servicing of bonds for the projects authorized in the areas within and
beyond the city limits have been editorially deleted as any provision which has not
been amended by referendum after July 1, 1973, and which is not an extraterritorial
power may be editorially deleted as unnecessary as home rule powers of a
municipality are derived from the constitution and F.S. ch. 166 and the authority and
procedure for issuance of bonds is contained in state law.
State Law References: Municipal borrowing authority, F.S. S 166.101 et seq.;
bonds, F.S. SS 130.01 et seq., 132.01 et seq., 159.01 et seq.,
163.385,215.43,215.431,215.84, 218.37--218.385; bond validation, F .S. ch. 75;
maximum rate of interest, F.S. S
215.84.
F. Art. IV, CIVIL SERVICE SYSTEM
Sec. 9. Certain officers and emplovees constituted civil service emplovees.
Certain officers and employees of the City of Miami Beach, Florida, shall, after
the passage and final approval of this Act and its adoption by referendum as
hereinafter provided be and are hereby constituted civil service employees of said city
and shall be employed, retained, governed, directed and discharged as hereinafter
provided.
(Laws of Fla., 1937, ch.18696, S 1; Ord. No. 93-2868, S 1, 9-22-93)
G. Art. IV. 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
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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 of five 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.
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
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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 3dminislJ3tive interpret3tions ofthe
personnel rules, 3nd direct 3dministr3tive 3ction consistent 'Nith its findings.
(L3ws of FI3., 1937, ch. 18696,34; L3'NS of FI3., 1951, ch. 27735, 3 3; L3'NS of FI3.,
1955, ch. 30987, 31; Ord. No. 932868,31,922 93; Ord. No. 97 3086,34,72 97)
Editors Note: The pro'Asions 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'Asions '::hich 3ro required by F .s. 3 166.021 to be 3mended by referendum 3ro
identic31 in this section 3nd Code section 78 1.
H. Art. V. HEALTH PLAN FOR CITY OFFICERS AND EMPLOYEES*
* Editors Note: Section 2 of Laws of Fla., 1943, ch. 22399, as amended by Laws
of Fla., 1951, ch. 27730, S 2, regarding investment of funds of the plan has been
editorially deleted as superseded by F.S. S 218.40 et seq.
Sec. 27. Authority to establish; cost; membership.
The city commission of the City of Miami Beach, Florida, is hereby empowered
to establish by ordinance a health plan for officers and employees of said city, which
plan may include the spouse and minor children of said officers and employees.
Provisions governing health plan contribution, membership withdrawal/reinstatement
shall be established by ordinance.
(Laws of Fla., 1943, ch. 22399, S 1; Laws of Fla., 1951, ch. 27730, S 1; election of 11-
18-69; Ord. No. 82-2309, S 3; Ord. No. 85-2496, S 2; Res. No. 2001-24546, 7-25-01)
Sec. 28. Administration of plan.
Any health plan established under this Act shall be administered by the city
manager or his designee(s). Said city manager or his designee(s) shall have full
power and authority to effect the purposes of this Act by entering into contractual
obligations with insurance carriers, cooperative health groups, or by establishing a
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self-administered plan, or by a combination of contractual and self-administered
services; and shall have authority to establish rates of cost based on actuarial
analyses, subject to the approval of the city commission.
(Laws of Fla., 1943, ch. 22399, S 3; Laws of Fla., 1951, ch. 27730, S 3; election of11-
7 -89)
6. MISCELLANEOUS
A. TELEPHONIC PARTICIPATION
Authorize Telephonic/Electronic Participation Of Board Members.
B.
CONFLICT OF INTEREST
Establish Conflict Of Interest Provisions And Provide For Penalties:
(A) "Conflict Of Interest"- All Elected Officials, Officers And Employees Of
The City Of Miami Beach Shall Be Subject To All State Laws And City
Ordinances Proscribing Conflicts Of Interest And Incompatible Activities. Any
Violation Of Such Laws Shall Be Official Misconduct And Shall Be A Basis
For Discipline And/Or Removal, In Addition To Any Other Penalties
Prescribed By Law".
*
(B) "Penalty For Official Misconduct- Any Person Found Guilty Of Official
Misconduct Shall Forfeit His Or Her Office, And Shall Be Forever After
Disbarred And Disqualified From Being Elected, Appointed Or Employed In
The Service Of The City".
(Withdrawn May 6, 2003)
III. ADJOURNMENT
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