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Ordinance 82-2309ORDINANCE NO. 82-2309 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE XV, §98 OF THE RELATED LAWS, AND §2.53 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA TO PERMIT VOLUNTARY WITHDRAWAL OF CERTAIN ELECTED OFFICIALS FROM THE CITY HEALTH INSURANCE PROGRAM. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 LEGISLATIVE PURPOSE Article XV, §98 of the City's Related Laws [Chapters 22402 (1943) and 27730 (1951), Laws of Florida], provides that every officer and employee of the City must be a member of the City's health plan and that membership is compulsory. General State law, however, states that participation in municipal government health plans should be voluntary for officials and employees. Chapter 112, Fla. Stat. (1981). Section 166.021(5) of the Municipal Home Rule Powers Act authorizes municipalities to amend the provisions of Special Acts so long as the amendment is not detrimental to the rights of municipal employees. The City Commission of the City of Miami Beach finds that amending §98 to provide for voluntary withdrawal of elected City Commissioners is not detrimental to the rights of municipal em- ployees and therefore is authorized by §166.021(5). SECTION 2 AMENDMENT OF ARTICLE XV, §98, RELATED LAWS, AND §2-53 OF THE CODE. Notwithstanding any provisions to the contrary in any Special Act or ordinance of the City, elected members of the Miami Beach City Com- mission shall have the right to voluntarily withdraw from the City of Miami Beach health insurance plan. Withdrawal from the program shall require a signed written letter to the City Manager, and upon such withdrawal, a Commissioner shall waive any and all claims he might otherwise have against the City's health insurance plan. SECTION 3 CODIFICATION Article XV, §98, Related Laws, and §2-53 of the Miami Beach Code shall be amended as follows: A. The following paragraph shall be added to the second paragraph of Art. XV, §98 of the City's Related Laws: "Provided further, that members of the Miami Beach City Commission shall have the right to voluntarily withdraw from the City of Miami Beach health insur- ance plan. Withdrawal from the program shall re- quire a signed, written letter to the City Manager, and upon such withdrawal, a Commissioner shall waive any and all claims he might otherwise have against the City's health insurance plan." B. The following paragraph shall be added as a new sub- section (g) to §2-53 of the City Code: -1- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 J "(g) Notwithstanding anything in this Code to the contrary, members of the Miami Beach City Commission shall have the right to voluntarily withdraw from the City of Miami Beach health insurance plan. Withdrawal from the program shall require a signed, written letter to the City Manager, and upon such withdrawal, a Commissioner shall waive any and all claims he might otherwise have against the City's health insurance plan." SECTION 4 REPEALER All Special Acts, ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5 EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after passagelon June 4 , 1982. 1982. PASSED and ADOPTED this 5th day of May MAYOR AT ST: CITY CLERK TMP:ab 1st Reading - April 21, 1982 2nd Reading - May 5, 1982(as amended) Agenda Item: R -3-F Date: 5/5/82 Rev: 5/7/82 -2- APPROVRD Ma�7 1Ct OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 I H• Ce) 3 aJ Lr w t--1••›, N F+ in •r4 R$ ri 4J - JJ cj O r-1 • •rl bp M ^ ^ O W 0 `I CO • o a .a cv • C u oo a •ri b aJ Z • a) t7 • q HZ 4-1 fa. O W O a) uu)i U a) t-J Z a) P4 0 H H • 4r1 ,.0 'p • 4J 4J fx S-+ O • a) C O 64-1 w • O U O 4J b rI a) rI •r1 • • .0 cd a) .0 +� 3 Nai 4-+ 4 ••••-,cnov4-)