Letter to REP from P. Terranova RECEiVF-D
03 JUL ~ 1 t~tl lO: 0
CiTY CLERK'S OFF ICE
July 16, 2003
LAW OFFICES
PAMELA S. TERRANOVA, ESQ.
SUITE 700 · SOUTHTRUST TOWER
QNE EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
PH: (954) 713-2755 FAX: (954) 713-2756
Robert Parcher, City Clerk
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33139
VIA FEDEX
RE: Request to Distribute Enclosed Letter to Chairman Steve Zack
and the Members of the Charter Review Board
Dear Mr. Parcher:
Enclosed, please find a letter addressed to Chairman Steve Zack and
the Members of the Charter Review Board for the City of Miami
Beach. Please forward the enclosed letter to the aforementioned
individuals for their consideration at the Charter Review Board
meeting scheduled for July 22, 2003, at 4:30 p.m. in the Mayor's
conference room.
Thank you for your cooperati6n and assistance in this matter.
VerA;"~t/r~y yours, ~ ~
Pamela S. Terranova, Esq.
LAW OFFICES
PAMELA S. TERRANOVA, ESQ.
SUITE 700 · SOUTHTRUST PLAZA
ONE EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
PH: (954) 713-2755 FAX: (954) 713-2756
July 16, 2003
Chairman Steve Zack and
Members of the Charter Review
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33139
Board
VIA FEDEX
Issues to Be Considered By the Charter Review Board at its Meeting
Scheduled For Tuesday, July, 22, 2003
Dear Chairman Zack and Members of the Charter Review Board:
This Firm represents the Communications Workers of America ("CWA") Local
3178. This letter is being sent in response to certain changes being
proposed to the City of Miami Beach Charter as outlined in the Charter
Review Board's July 22, 2003, Agenda. Three (3) proposed Charter changes
are of great concern to CWA Local 3178 due to the severe impact they will
have on the rights of the employees of the City of Miami Beach. The
Charter changes in question are as follows:
1. Article IV - Removal of Sections 9 and 12: CWA Local 3178 is
vehemently opposed to the elimination of these sections due to the
negative impact it will have on the rights of all Miami Beach employees
(i.e. union and non-union employees). The Civil Service System insures
the protection of affected employees by guaranteeing that any adverse
personnel action taken against employees is for good cause and that an
independent, c~asi-judicial process will be in p'lace to review the
justification for same. Removal of the civil service classification and
attendant due process review provided by the Personnel Board will
eliminate the only administrative "check and balance" currently in place
to protect employees from unlawful personnel actions. Vesting all
disciplinary review powers with the chief executive officer of the City
(i.e. the City Manager) will essentially function as a "rubber stamp"
since the City Manager is the direct line supervisor of the Department
Directors imposing the disciplinary action in question.
The Personnel Board is a critical, independent review component of the
City's personnel system. The P~rsonnel Board reviews evidence and hears
direct testimony of all the involved parties in order to reach a fair and
impartial decision which is supported by competent, substantial evidence.
In the past, the Personnel Board has upheld and overruled several
disciplinary actions taken by management for the City. The fact that the
Personnel Board has made several determinations in favor of both the City
and the employees clearly demonstrates it has the achieved the equitable
balance as anticipated by the City Charter.
Chairman Steve Zack and Me.ers of the Charter Review Board
J%/ly 16, 2003
Page 2
In addition, removal of these provisions from the Charter also eliminates
another crucial layer of protection for the employees in that changes to
the personnel system can occur at any time without voter intervention.
It is not coincidental that the civil service provisions were adopted in
the City's Charter. Eliminating the referendum requirement can result
in abuses to the rights of City employees which would not otherwise take
place if those rights could only be impacted through referendum.
2. Article V - Removal of Article in its Entirety: CWA Local 3178 is
also vehemently opposed to the removal of this article due to the
negative financial impact it will have on the rights of current and
former City of Miami Beach employees. As a result of this Charter
provision, the City has established a consistent practice regarding the
employer/employee contributions to the health care plan, including
contributions for retirees. In addition, the Charter mandates that the
City establish and maintain a health care plan. If this article is
eliminated from the Charter, the mandate that a health care plan be in
existence would also be eliminated. Consequently, removal of the health
care plan provisions from the Charter would open the possibilities that
any financial hardships and challenges f~ced by the City could easily
result in substantial impacts to the health plan and the p~emiums borne
by the employees.
As previousl~ mentioned above regarding the removal Df the civil ser'vice
and personnel provisions, elimination of the insurance requirements found
in the Charter eliminates another crucial layer of protection for the
employees in that legislative changes can and will occur without voter
intervention. It is imperative that the insurance provisions found in
the Charter remain intact to insure that the employees continue to
receive and maintain the benefits currently in place.
On behalf of CWA Local 3178, I thank you for your consideration of the
issues outlined above during the discussions you will have at your
meeting s__cheduled for July 22, 2003.
Pamela S. Terranova, Esq.
PST/wp
cc: Richard McKinnon, President
CWA Local 3178