February 2, 2004 AgendaCHARTER REVIEW BOARD AGENDA
February 2, 2004
APPROVAL OF MINUTES
Minutes of December $, 2003.
Il. ISSUES FOR DELIBERATION
CITY MANAGER/ADMINISTRATIVE CHANGES
a)
Personnel Board (Ch. Art. IV) Sec. 12
Item discussed at the September 2,
Informational Materials)
2003 CRB Meeting (See
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 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 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
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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 1st 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 shall be entitled
to case [cast] the one unit vote of the employee membership.
Any nonemployee member of the personnel board, except the
Director of Human 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, 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.
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Minutes of September 2, 2003 Meeting
Meeting called to order at 4:40 p.m.
Roll call. Absent: Members Diaz and Gelber
I. APPROVAL OF MINUTES OF JUNE 10 AND JULY 22, 2003
ACTION: Motion made by Vice-Chair Beloff; seconded by Member Herrup to approve
the minutes of June 10, 2003. Vote: 4-3.
ACTION: Motion made by Vice-Chair Beloff; seconded by Chairman Zack to approve
the minutes of July 22, 2003. Vote: 4-3.
Chairman Zack informed the Board Members that a final report of items not voted on by
the City Commission would be presented at a later date.
II. ISSUES FOR DELIBERATION:
a. Bill of Riqhts
Discussion held. Member Herrup suggested including language stating that citizens
should be treated with dignity and courtesy as part of the City Manager's Customer
Service Plan. Motion was made by Member Herrup to make recommendation to the City
Commission of adding language to the City's Mission Statement; seconded by Vice-
Chair Beloff. No vote taken. Member Arriola suggested adding language in the Charter.
This proposal will be presented at future meetings.
b. Form of Government/Commission Powers
Item deferred indefinitely. Motion made by Vice-Chair Beloff; seconded by Member
Arriola. Vote: 5-2. Absent: Members Diaz and Gelber.
c. Election Reform
Item deferred until more input on the subject is obtained from Ms. Constance Kaplan,
new Miami-Dade County Supervisor of Elections, who will meet with different
municipalities to obtain consensus regarding uniform municipalities elections.
d. Zoninq Reform
Item deferred. Motion made by Vice-Chair Beloff to hold a televised public meeting in
the Commission Chambers, November 6, 2003, to discuss Charter Sections 1.03 (b) and
1.03 (c); seconded by Member Herrup. Vote: 5-2. Absent: Members Diaz and Gelber.
Chairman Zack requested Jorge Gomez, Planning Director, to make a presentation of
waterfront properties in the City at the meeting.
e. City Manager/Administrative Chanqes/City of Miami Beach Related Special
Acts
1. Department Directors Not Confirmed By Commission (Sec. 4.02 (b)) - Item not
reached.
2. Related Special Acts -Art IV. Civil Service System (Sec. 9)
3. Related Special Acts- Art. IV. Personnel Board (Sec. 12)
4. Related Special Acts - Art. V. Health Plan for city officers & employees
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Jorge Gonzalez, City Manager, explained that a Hearing Examiner or a Special Master
should be in place, in lieu of the Personnel Board, to provide a venue and provide all
employees with effective tools from a labor management perspective. His
recommendation is not to do away with the Personnel Board but do away with the
aspect of disciplinary issue through collective bargaining agreement and Special Master.
Jean Olin, Deputy City Attorney, stated that the City is not required to submit to the
voters those Related Special Acts issues, which are subject to collective bargaining;
although the City Commission may choose to submit these matters to public vote,
legally, matters collectively bargained are not required to be approved by the voters.
Pamela Terranova, Esq. representing City Unions, (CWA) made a presentation
regarding the differences between the existing system and the proposed system(See
FIO~ ~ha~ a~ached)
Chairman Zack explained that the new proposal would require a system that is cost
neutral, similar to the existing system as presented by Ms. Terranova, and a Hearing
Examiner be selected on this matter, in a way that makes both parties come to an
agreement, keeping in mind consistency and fairness.
PUBLIC COMMENTS:
There was a good and welfare where the public was provided an opportunity to speak.
Joe Asmundsson spoke.
Jorge Gonzalez, City Manager, spoke.
Joseph Fisher, CWA representative, spoke.
Kelly Cohen, Esq. explained the proposed system.
Mike Burke spoke.
Pamela Terranova, Esq. spoke.
Richard McKinnon, CVVA Local 3178 President, spoke.
Rosalie Pincus, Chairwoman of the Personnel Board, spoke.
III. ADJOURNMENT
Meeting adjourned at 6:42 p.m. The next public meeting was scheduled for November 6,
2003 to discuss Zoning Reform issues only.
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FLOW CHART
EXISTING SYSTEM PROPOSED SYSTEM
Suspended Disciplinary Action
Non-Union Union Others Existing
_ Union Collective
Bargaining
Agreement
~ ~ ~ Grievances
bBinding _
itration ~x a m i~//
_
Arbitration
0 pinion ~loy .......... ~ Fact
11th Circuit City Manager
3rd Circuit 11th Circuit
Court Court
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b)
Certain Officers & Employees Constituted Civil Service Employees
(RSA Art IV) Sec 9
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, § 1; Ord. No. 93-2868, § 1, 9-22-93)
c)
d)
Health Plan for City Officers and Employees (Ch. 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, § 2, regarding investment of
funds of the plan has been editorially deleted as superseded by F.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, § 1; Laws of Fla., 1951, ch. 27730, § 1;
election of 11-18-69; Ord. No. 82-2309, § 3; Ord. No. 85- 2496, § 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, § 3; Laws of Fla., 1951, ch. 27730, § 3;
election of 11-7-89)
Department Directors Not Confirmed by Commission (Ch. §4.02) (b)
(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.
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IV. SCHEDULE OF NEXT ELECTION DATES
August 31, 2004
and
November 2, 2004
OFFICIAL SPECIAL ELECTION BALLOT
MIAMI-DADE, FLORIDA
MARCH 9, 2004
Miami Beach Question I
Amending Citizen's Bill of Rights to Protect Natural Resources and Scenic
Beauty
Shall the Miami Beach City Charter be amended to include within the Citizen's Bill of
Rights a policy statement of the City to conserve and protect its natural resources
and scenic beauty, including the abatement of air and water pollution and of
excessive and unnecessary noise?
YES 30
NO 31
Miami Beach Question 2
Amending Charter Section 1.03(b) re: Lease/Disposal of City-Owned Property by
Expanding its Applicability
Shall Charter Section 1.03(b) requiring voter approval before lease/disposal of City-
owned park, recreation, waterfront property apply to additional City properties (west of
North Shore Open Space; Cultural Campus; and parking lots near 72nd Street,
Convention Center, Lincoln Road); require Planning Board's 4/7 and City Commission's
5/7 votes before lease/disposal of other City-owned properties; increase exempt lease
period from five to ten years; exempt interests/settlement of claims existing as of January
14th, 2004?
YES 32
NO 33
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Miami Beach Question 3
Amending Charter Section 1.03(c) re: Voter Approval Prior to Floor Area
Increase
Shall Charter Section 1.03(c) requiring voter approval before floor area ratio may be
increased on properties adjacent to the Atlantic Ocean, Government Cut, Indian Creek,
or Biscayne Bay, be expanded to apply to all property within City limits; exempting the
division of lots or the aggregation of development rights on unified abutting parcels
(otherwise permitted by ordinance), and settlement of claims the City has notice of as
of December 10, 2003?
YES 34
NO 35
Miami Beach Question 4
Amending Charter Section 4.02(i) Deleting Requirement for City Attorney
Approval of City Manager's Contract Negotiations
Shall Section 4.02(i) of the Miami Beach City Charter regarding the City Manager's
power to negotiate City contracts and agreements be amended by deleting language
subjecting said power to approval of the City Attorney, retaining language requiring City
Commission approval of City Manager negotiations?
YES 36
NO 37
Miami Beach Question 5
Amending Charter Article V to Require Economic Impact Statement
Shall the Miami Beach City Charter, Article V thereof regarding "budget and finance",
be amended to require that the City Commission consider the long term economic
impact (at least five years) of legislative acts?
YES 38
NO 39
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Miami Beach Question 6
Amending Related Special Acts by deleting Article II "Public Library" and Article
III "Municipal Projects"
Shall Miami Beach Related Special Acts, Article II thereof entitled "Public Library" and
Article III thereof entitled "Municipal Projects", be deleted as said language is obsolete
and/or redundant?
YES 40
NO 41
IV. ADJOURNMENT
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