090203 agenda
CHARTER REVIEW BOARD AGENDA
September 2, 2003
I. APPROVAL OF MINUTES
II. ISSUES FOR DELIBERATION
A. BILL OF RIGHTS
PREAMBLE
Amend Citizen's Bill Of Rights To Include Language Regarding Treating Citizens With Dignity
and Courtesy.
B. FORM OF GOVERNMENT
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)
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
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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 of the City of Miami Beach for the filling of
a vacancy.
D. ZONING REFORM
a). CHARTER 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. Amend Charter Section 1.03 (b) "Alienability
of Property" by expanding said section's referendum requirement to all city-owned property,
deleting all exemptions except those for educational facilities and utility easements, and
increasing the period of long-term leases exempt from referendum from five years to ten-
years. Item referred back to CRB for study and specifically review the "Shapiro
Ordinance."
Sec. 1.03. Powers of city.
* * * *
(b) Alienability of property. The only limitation concerning alienability of City-owned property is the
restriction of the sale, exchange, conveyance or lease of ~ ten (10) years or longer (including
option periods) of p3rk, recre3tion, or 't:3terfront property in the all property owned bv the City of Miami
Beach while it is being used for SHffi .9. 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 p3rk, recre3tion, 3nd w3terfront City-owned 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 prior to November 4, 1992
November . 2003. Further, this provision shall not apply to any City-owned educational facility ef
libr3ry property, 3ny p3rking f3cility not loc3ted on p3rk, recre3tion, or w3terfront property or to any
utility or access easements" or right of W3YS, or to th3t tri3ngul3r p3rcel of City owned property known
3S P3rcel 2 of South Pointe P3rk loc3ted within the Mi3mi Be3ch Redevelopment Are3, s3id p3rcel
gener311y described 3S being 138.87 feet fronting on Bisc3yne Street with 3 northerly bound3ry of
265.43 feet 3dj3cent to Block 8 of South Pointe Development comp3ny, 3nd 3 Southe3sterly bound3ry
of 226.20 feet 3dj3cent to Cook Inlet Region property.
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b) CHARTER 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.
E. CITY MANAGER/ADMINISTRATIVE CHANGES RE: RELATED SPECIAL ACTS
1. 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 of this office shall be:
(b)To appoint all directors of the several departments now existing, or to be created, with the consent of
the City Commission, and to remove the same at will, except for the Legal Department.
2. 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)
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3. 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 ofthe
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 of the 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 ofthe member. At least one citizen
must work in the field of human resources. They shall be appointed by the votes of five-sevenths ofthe
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
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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, except that 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 H3ve 3uthority to require perform3nce of 311
personnel procedure 3nd operations specified or contemplated by this Act. orthe personnel rules.
The b03rd sh31l 3ppro'.'e the budget request for the Dep3rtment of Hum3n Resources.
(8) Approve or dis3pprove or 3mend, in 3ccord3nce with section 6 [14] of this Act, the personnel rules
3nd 3mendments thereto.
(C) Appro'.'e or dis3pprove or 3mend the c13ssific3tion pl3n, cl3ss specific3tion 3nd requirements to be
met by 3pplic3nts for competiti'.'e eX3min3tions 3S pro'.'ided 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 in'.'estig3tions 3nd ro'.'ie'N 3dministr3ti'.'e interpret3tions ofthe personnel rules,
3nd direct 3dministr3ti'.'e 3ction consistent 'Nith its findings.
(L3'NS ofFI3., 1937, ch.18696, 3 4; L3'NS 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 provisions 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 3re controlling in
rog3rd to the personnel b03rd. Those pro'.'isions which 3ro required by F .s. 3 166.021 to be 3mended
by referendum 3ro identic31 in this section 3nd Code section 78 1.
4. Art. v. HEALTH PLAN FOR CITY OFFICERS AND EMPLOYEES* Sec. 27 & 28
* 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 of11-18-69; Ord. No.
82-2309, S 3; Ord. No. 85-2496, S 2; Res. No. 2001-24546, 7-25-01)
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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 of 11-7-89)
III. ADJOURNMENT
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