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072203agenda CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us City Clerk's Office CharterReview@.miamibeachf.Qov 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 July 22, 2003 at 4:30 p.m. Mayor's Conference Room I. APPROVAL OF MINUTES OF JUNE 10, 2003 (Exhibit A) II. DISCUSSION ITEM 1) Ombudsman proposal for citizens to access government and provide better communication III. APPROVED ISSUES FOR DELIBERATION (Exhibit B) 1) Bill of Rights A) Preamble 2) Form of Government/Commission Powers A) Increase Mayor's Term (Ch. S 2.02) B) Increase Salaries/Extending the prohibition against lobbying - Good government (Ch. S 2.02) 3) Election Reform A) Change Election Date to Even Years (Ch. S 2.01) 4) Zoning Reform A) Section 1.03 (c ) FAR 5) City Manager/Administrative Changes A) Department Directors Not Confirmed by Commission - Sec. 4.02 (b) B) Art. IV. Civil Service System (Sec. 9) C) Art. IV. Personnel Board (Sec.12) D) Art. V. Health Plan for city officers and employees (Item H) 6) Miscellaneous A) Telephonic/Electronic Participation III. ADJOURNMENT IV. CATEGORIES OF ISSUES (Exhibit C) 1. List of Categories of Issues for Discussion 2. List of Issues as of June 10, 2003 V. NEW CORRESPONDENCE (Exhibit D) 1. Email from Mike Burke & Robert Parcher, City Clerk dated 6/19/03 re: ombudsman concept V. INFORMATIONAL MATERIAL (Exhibit E) 1. Electronic correspondence from Dr. Morris Sunshine dated 4/8/03. 2. Ads/City of Miami Beach Meeting Notices. CHARTER REVIEW BOARD AGENDA July 22, 2003 II. ISSUES FOR DISCUSSION 1. BILL OF RIGHTS A. PREAMBLE Amend Citizen's Bill Of Rights To Include Language Regarding Treating Citizens With Dignity and Courtesy. 2. FORM OF GOVERNMENT A. 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) B. 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) M:\$CMB\CITYCLER\CHARTER\090 July 22, 2003\agenda\072203agenda.doc 2 3. 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) 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 (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) M:\$CMB\CITYCLER\CHARTER\090 July 22, 2003\agenda\072203agenda.doc 3 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. Art. IV. CIVIL SERVICE SYSTEM Sec. 9. Certain officers and employees constituted civil service employees. 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) C. 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 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. M:\$CMB\CITYCLER\CHARTER\090 July 22, 2003\agenda\072203agenda.doc 4 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 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. M:\$CMB\CITYCLER\CHARTER\090 July 22, 2003\agenda\072203agenda.doc 5 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. D. 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 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) M:\$CMB\CITYCLER\CHARTER\090 July 22, 2003\agenda\072203agenda.doc 6 6. MISCELLANEOUS A. TELEPHONIC PARTICIPATION Authorize Telephonic/Electronic Participation Of Board Members. III. ADJOURNMENT M:\$CMB\CITYCLER\CHARTER\090 July 10, 2003\072203agenda.doc M:\$CMB\CITYCLER\CHARTER\090 July 22, 2003\agenda\072203agenda.doc 7