May 20, 2004 Agenda
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www,miamibeachfl,gov
City Clerk's Office
CharterReview@miamibeachfl.gov
Telephone: 305-673-7411
Facsimile: 305-673-7254
Members of the Board
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
Thursday, May 20, 2004 at 4:00 p.m.
Mayor's Conference Room
Fourth Floor, City Hall
I. APPROVAL OF MINUTES
(Exhibit A)
- Approve minutes of April 22, 2004.
II. ISSUES FOR DELIBERATION (Exhibit B)
1) Related Special Acts, Art. IV, Sec. 12 -
a) Delete Personnel Board
(One-Hour PresentationlDiscussion - 5 minute rule for public speakers)
See Informational Material Personnel Board eRB Minutes (Exhibit D)
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.
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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 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.
The personnel board shall:
(A) Have authority to require performance of all personnel procedure and operations specified
or contemplated by this Act or the personnel rules. The board shall approve the budget
request for the Department of Human Resources.
(B) Approve or disapprove or amend, in accordance with section 6 [14] of this Act, the
personnel rules and amendments thereto.
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(C) Approve or disapprove or amend the classification plan, class specification and
requirements to be met by applicants for competitive examinations as provided in section 2 D
[10 D.] of this Act.
b) Delete Personnel Board/Grievance Process
(D) Hear appeals in case any officer or employee in the classified service is suspended,
reduced or removed in accordance with the procedure in section 9 [17] of this Act and the
rules made thereunder.
(E) Hear appeals, make investigations and review administrative interpretations of the
personnel rules, and direct administrative action consistent with its findings.
(Laws of Fla., 1937, ch.18696, S 4; Laws of Fla., 1951, ch. 27735, S 3; Laws of Fla., 1955, ch.
30987, S 1; Ord. No. 93-2868, S 1,9-22-93; Ord. No. 97-3086, S 4,7-2-97)
Editors Note: The provisions regarding the personnel board are contained in Code
section 78-1. The provisions in Code section 78-1 which are not required to be amended by
referendum are controlling in regard to the personnel board. Those provisions which are
required by F .S. S 166.021 to be amended by referendum are identical in this section and
Code section 78-1 .
2) City Charter (Ch. Sec. 2.02) - (One Hour Discussion)
Good Government Issues
Compensation of Elected Officials
Prohibition of Lobbying Activity Guidelines
3) District Representation
III. ADJOURNMENT
IV. CATEGORIES OF ISSUES (Exhibit C)
- List of Categories of Issues
V. INFORMATIONAL MATERIAL (Exhibit D)
- CRB Minutes re: Personnel Board Minutes - 5/29/03, 6/10103, 67/22/03, 912/03, 2/2/04
- CRB Minutes re: District Representation - April 9, 2003
- City of Miami Beach Meeting Notices - May 17-21, 2004
- County & Munitipal Ballot Issues Deadlines 2004 Fall Elections
- City of Miami Beach 2004 City Commission & RDA Meetings Schedule
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