Ordinance 93-2868 ORDINANCE NO. 93-2868
AN ORDINANCE OF MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH RELATED LAWS ARTICLE XIV ENTITLED
"CIVIL SERVICE SYSTEM" SO AS TO CHANGE ALL
REFERENCES THEREIN REGARDING THE "DEPARTMENT
OF PERSONNEL" TO READ "HUMAN RESOURCES
DEPARTMENT" AND, CHANGING ALL REFERENCES OF
"CITY COUNCIL" TO READ "CITY COMMISSION";
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
Article XIV of the Related Laws of the City of Miami Beach be
amended to read as follows:
Article XIV. Civil Service System.
Sec. 80 . 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. (C. 18696, § 1, Sp. Acts 1937 . )
Sec. 81. Department of personnel. Human Resources
Department.
There is established a department of personnel Human
Resources Department which shall :
A. Establish and maintain in suitable form a
complete roster of the officers and employees in the
classified service of the city showing the title of the
officer, the position held, salary or wages paid and
every change in title, pay or status of each such officer
or employee.
B. Certify to the chief finance officer of the
city before payments of salary or wages are made that the
names of persons holding positions in the classified
OG
\°iVir5
service to whom it is proposed to make payments for
personal services were during the period for which
payment is proposed to be made on the roster of officers,
and employees, that such person were appointed and
employed and were performing services in accordance with
the provisions of this Act and the rules and regulations
established thereunder, and that the rate of pay proposed
has been established in accordance with the provisions of
this Act.
C. Ascertain and keep written records of the
duties, responsibilities and authority appertaining to
each office and position in the classified service of the
city.
D. Prepare and recommend to the personnel board of
classification plan and amendments thereto for the entire
classified service of the city, and after adoption by the
personnel board, administer the classification plan
approved. The classification plan recommended to the
personnel board shall include titles for the various
classes of positions. Each class shall include all
positions in the classified service of the city which are
sufficiently similar with respect to duties,
responsibilities and authority, so that the same
descriptive title may be used to designate each position
allocated to the class, that the same requirements as to
education, experience, intelligence, general and
specialized knowledge, skill, physical condition and
other qualifications may be demanded of incumbents for
the proper performance of their duties, and that the same
tests of fitness may be used in choosing qualified
appointees, and that the same schedule of pay may be made
to apply with equity under the working conditions.
After adoption of the classification plan the
, • - - = = = - - - Director of Human Resources shall
adopt written specifications for each class, and allocate
2
positions to classes; provided that after August 1, 1951,
all class specifications or amendments thereto, and all
allocations or re-allocations of positions to classes
shall be subject only to the approval of the personnel
board. The class title shall be used in personnel Human
Resources, budget, and financial records and
communication, and, if individual positions are
designated in the appropriation ordinances, in
designating such positions.
The director of personnel Director of Human
Resources, if directed by the personnel board so to do,
shall maintain the classification plan by allocating new
positions to existing classification or by creating new
classifications, or by so re-allocating existing
positions in which there are substantial changes in
duties and responsibilities. Notwithstanding the
provisions of section 81, the director of personnel
Director of Human Resources, if directed by the personnel
board so to do, shall make class transfers of incumbents
in positions so re-allocated under rules which shall be
part of the personnel rules, and which shall provide that
the compensation of no employee so transferred shall be
reduced thereby. Re-allocations of positions to higher
classes shall be subject to the approval by the city
manager.
E. Prepare at least sixty days before the
beginning of each fiscal year, for presentation to the
city council City Commission, a pay plan including
proposed schedule of pay for each class of positions in
the classified service with minimum and maximum rates,
and following the adoption of the appropriation
ordinances by the city council City Commission, see that
payments to officers and employees holding positions in
the classified service are made in accordance therewith.
'See § 87 of the Related Laws
3
%
F. Establish re-employment lists for the various
classes of positions in the classified service containing
the names of persons who have previously been in the
classified service of the city whose performance, work
habits, and conduct have been satisfactory, and who are
entitled to appointment or employment when vacant
positions are to be filled, over those on employment
lists.
G. Give preliminary competitive tests to determine
as far as possible the relative qualifications of those
considered for promotion to higher positions or for
entrance to the city classified service, and establish
employment lists of persons eligible for appointment in
the order of their achievement or performance in such
tests. Such tests shall be mental or physical or both
and shall be appropriate to the positions to which they
apply. Upon recommendation by the personnel board, tests
may be non-competitive for positions which require
peculiar and exceptional qualifications of a scientific,
managerial, professional or educational character, or in
case the character of work or the conditions of
employment or compensation make it impracticable to
secure through competitive tests a sufficient number of
qualified eligibles to meet the needs of the service.
H. Upon written notice of the appointing authority
that a position in the classified service is to be
filled, certify the names of at least the three persons
highest on the re-employment or employment list for the
class and willing to accept appointment; provided that no
name shall be certified from an employment list as long
as there is a re-employment list available from which
appointment may be made, the director of personnel
Director of Human Resources may authorize a provisional
appointment to a permanent position to continue until a
list can be established and certification made.
4
Provided, however, that on original appointment, a person
whose name appears on an open competitive eligible list
and who is certified and passed over three times, may be
removed from the eligible list by the dircctor of
personncl Director of Human Resources with approval of
the city manager.
I . Establish for each class working test periods
of not less than six months nor more than twelve months
to enable the appointing officer to observe whether new
officers and/or employees are able and willing to perform
their duties in a satisfactory manner.
J. Establish by rule the procedure by which any
officer or employee in the classified service may be
transferred from a position in one class to another
position in the same class or to a position in a
different class for which he is qualified and for which
no higher maximum rate of pay has been established.
K. Provide by rule, to be approved by the
personnel board, for the manner of checking attendance
and for determining the order of layoff when forces are
reduced because of lack of work or funds.
L. Establish by rule, a system of service ratings
based on records of attendance, performance, conduct and
output of each officer or employee in the classified
service and designed as far as may be possible to reflect
his worth to the city.
M. Establish by rule procedure in conformity with
section 92 of this Act for making suspensions,
reductions, or removals of officers or employees in the
classified service for misconduct, inefficiency and other
good reasons, and for investigating and hearing the
appeals of such suspended, reduced or removed officers or
employees.
2See § 88 of the Related Laws
5
N. At the request of the city manager or the city
council City Commission, or upon the initiative of the
personnel board, investigate and report upon the
administration and effect of the personnel provisions of
this Act and of the rules and regulations adopted
thereunder, and any other matter affecting the operation
of the civil service system and the personnel in the
classified service of the city.
0. Do any other act or acts required under this
Act necessary to effect its purposes with respect to
persons in the classified service of the city.
It is hereby declared to be the purposes of this Act
to authorize and provide a complete, adequate and
systematic procedure for handling the personnel matters
of the city. (C. 18696, § 2 , Sp. Acts 1937 ; C. 27735, §
1, Sp. Acts 1951; H.R. Election 11-8-66 ; H.R. Election
11-18-69 ; H.R. Election 11-6-90 . )
Sec. 82 . Director of per3onncl. Director of Human
Resources.
The director of personnel Director of Human
Resources shall be the secretary to the personnel board,
and shall perform the functions prescribed in section 2
of this Acta, except as otherwise specifically provided
in section 4 hereof4. The director of personnel
Director of Human Resources shall occupy a full time
position and be the head of the personncl Human Resources
department. He shall hold office until the next ensuing
city election, and until his successor is duly appointed
and qualified. Until August 1, 1951, the personnel
director Director of Human Resources shall be elected by
the city council City Commission and serve at their
pleasure, but thereafter the director of personnel
Director of Human Resources shall be appointed by the
'See § 81 of the Related Laws
4See § 83 of the Related Laws
6
city manager by and with the consent of the personnel
board. If the appointee of the city manager shall be
confirmed by the personnel board, he shall then qualify
as such director of personnel Director of Human Resources
and enter upon the discharge of his duties. In the event
that such appointment is rejected by the personnel board,
the city manager shall be notified of such rejection by
the personnel board within forty-eight hours, and
thereafter the city manager shall be authorized and
empowered to certify another appointee to the personnel
board within five days thereafter. If the personnel
board rejects such subsequent appointment, or in the
event the city manager shall fail or refuse to appoint
the director of personnel Director of Human Resources, as
aforesaid, then the personnel board shall proceed to
elect such director of personnel Director of Human
Resources.
The personnel board shall have the rights, by
resolution adopted by the favorable vote of at least four
voting members, to remove the director of personncl
Director of Human Resources. (C. 18696, § 3 , Sp. Acts
1937 ; C. 27735, § 2 , Sp. Acts 1951. )
Sec. 83. 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 council 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 personncl Director of Human Resources and
three regular employees of the City of Miami Beach to be
7
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 of ten 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. They shall be appointed by the votes of
five-sevenths of the city council City Commission. The
five voting members who are in office on August 1, 1955
shall continue in office as voting members until August
1st 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 five years commencing August 1,
8
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 personnel dircctor 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 the one unit vote of the employee membership.
Any nonemployee member of the personnel board,
except the director of personnel Director of Human
Resources, may be removed by the city council City
Commission if at least five-sevenths of the members of
the city council 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
9
%
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 per cent 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 personnel
department Department of Human Resources.
(B) Approve or disapprove or amend, in accordance
10
with section 6 of this Act5, the personnel rules and
amendments thereto.
(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 of this Act6.
(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 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. C. 18696, § 4 , Sp. Acts 1937 ; C. 27735, § 3 ,
Sp. Acts 1951; C. 30987 , § 1, Sp. Acts 1955. )
Sec. 84 . Application of these provisions to various
positions and persons.
Personnel provisions of this Act shall apply to all
positions and persons in the service of the city except:
A. All elective officers of the city.
B. City manager and, if any, assistant city
manager, executive assistant city manager and management
analyst.
C. Directors and division heads of departments of
divisions created by law or ordinance.
D. Members of boards, commissions or committees.
E. Judges and associate judges of the municipal
court.
F. Employees in the legal department of the city.
G. All secretarial and administrative employees in
the city manager' s office and in the office of the mayor.
H. The chief assistants to each department head,
5See § 85 of the Related Laws
6See § 81 of the Related Laws
'See § 88 of the Related Laws
11
when such assistants are of division head status.
I. Those positions which require peculiar and
exceptional qualifications of a scientific, managerial,
professional or educational character, which positions do
not fall within any existing qualification and the duties
of which do not fall within the scope of the
specifications set up for any existing classification,
where such positions are created and filled by ordinance
or resolution duly enacted by the city council City
Commission, shall be in the unclassified service of the
city.
Positions listed in this section under subheads A,
B, C, D, E, F, G, H and I shall constitute the
unclassified service. All other positions in the service
of the city shall constitute the classified service. (C.
18696, § 5, Sp. Acts 1937 ; C. 27735, § 4 , Sp. Acts 1951;
H.R. Election 11-8-66. )
Sec. 85. Personnel rules.
The director of peroonnel Director of Human
Resources shall as soon as practicable and in any case
within three months after this Act takes effect prepare
the personnel rules required by this Act and recommend
their adoption by the personnel board, and as soon as
practicable after such recommendation, the personnel
board shall approve, amend or disapprove such personnel
rules. Amendments to the personnel rules may be made
from time to time in the manner above specified. Copies
of the personnel rules and of the amendments thereto
shall be transmitted by the director of personnel
Director of Human Resources to the city council City
Commission for approval or disapproval. After approval
these rules shall become effective from the date or dates
specified therein; provided, however, that from and after
August 1, 1951, the personnel rules and amendments thereto
shall not be subject to approval by city council City
12
Commission. No amendments thereto shall be adopted until
thirty days after a copy of such amendment shall have
been submitted to the city manager and to a
representative of each of the three groups referred to in
section 48, such representative to be designated by each
of such groups and the name and address of such
representative certified to the personnel board. (C.
18696, § 6, Sp. Acts 1937 ; C. 27735, § 5, Sp. Acts 1951. )
Sec. 86. Limitations on appointments.
No person, except temporary employees in connection
with construction projects carried on by the city, shall
be appointed in the classified service of the city except
after certification by the personncl dcpartmcnt Human
Resources Department, or except upon authorization by the
personncl dcpartmcnt Human Resources Department of a
provisional appointment which shall not continue for more
than thirty days without approval of the personnel board,
provided that, in connection with hurricanes or other
similar catastrophic event, emergency appointments for
periods not exceeding thirty days may be made without
such certification or authorization. No person shall be
appointed to, or employed in, a position in the
classified service under any title not appropriate to the
duties to be performed. (C. 18696, § 7 , Sp. Acts 1937 ;
C. 27735, § 6, Sp. Acts 1951. )
Sec. 87. Promotions.
Vacancies in higher positions in the classified
service of the city shall, as far as is practicable, be
filled by promotion from lower classes following
competitive tests; provided, that in case there is an
inadequate number of civil service employees eligible in
lower classes, the personnel board may direct that
promotions to higher positions be made as the result of
competitive tests open not only to civil service
8See § 83 of the Related Laws
13
employees serving in lower classes, but also to persons
not in the service of the city. A change from a position
in any class to a position in another class for which a
higher maximum rate of pay is prescribed shall be
considered a promotion. The director of personnel
Director of Human Resources shall, to the extent he
considers such action desirable, indicate the principal
or normal lines of promotion to and from each class in
the class specifications or in regulations. (C. 18696,
§ 8 , Sp. Acts 1937 ; C. 27735, § 7 , Sp. Acts 1951. )
Sec. 88. Suspensions, reductions and removals.
Any officer or employee in the classified service of
the city who is serving under provisional, temporary or
emergency appointment may be suspended, reduced in pay or
class, or removed at any time by the officer having power
to appoint a successor. A copy of the notice of such
suspension, reduction or removal shall be transmitted to
the peroonncl department Human Resources Department.
Any officer or employee in the classified service of
the city who has been appointed following certification
for a re-employment or employment list, may be suspended,
reduced in pay or class, or removed for reasonable cause
at any time during the working test period by the officer
having power to appoint a successor, by giving him
written notice of such suspension, reduction or removal
together with a statement of the reasons therefor. A
copy of such statement shall be transmitted to the
personnel board.
Any officer or employee in the classified service of
the city, who has completed the working test period may
be suspended, reduced in pay or class, or removed by the
officer having power to appoint a successor, in the
manner prescribed in this section as supplemented by the
personnel rules. A written notice of the suspension,
reduction or removal, stating the reasons therefor, and
14
when it is effective, shall be given to such officer or
employee, or mailed to his usual place of residence.
Such officer or employee, within ten days after the
delivery or mailing to him of such written notice, may
appeal in writing to the personnel board for a hearing.
The personnel board, not later than ten days after
receipt of such appeal, shall fix a place and a time for
holding a public hearing within a reasonable time
thereafter, at which hearing the officer or employee
suspended, reduced or removed shall have the right to
appear and be heard in person, or by counsel. The
personnel board may, at the request of the officer
ordering the suspension, reduction or removal, or of the
officer or employee whose suspension, reduction or
removal has been ordered, call or subpoena any person or
records for the purpose of ascertaining the facts. The
hearing shall be informal and designed solely for the
purpose of determining the truth or untruth of the
charges. Within five working days after the completion
of the public hearing, the personnel board shall report
its finding in writing. A copy of the written statement
given the officer or employee, a copy of any written
reply thereto, and a copy of the finding of the personnel
board shall be filed as a public record in the office of
the personncl dcpartmcnt Human Resources Department.
When an appeal from disciplinary action finally results
in a reversal or setting aside of such disciplinary
action by the personnel board, or by a competent court,
then the employee shall be entitled to recover all wages
and emoluments lost by reason of such disciplinary
action, and to recover his court costs and reasonable
attorney' s fees as determined by the personnel board in
the event that the final determination of the issue has
been made by said personnel board or determined by the
court, if final determination is as a result of court
15
action.
The personnel board, through its chairman, may, at
the request of an officer ordering the suspension,
reduction, or removal of an officer or employee, or at
the request of the officer or employee whose suspension,
reduction or removal has been ordered, have issued by the
municipal judge, through the municipal court, a subpoena
requiring the attendance of any person or the production
of any records before the personnel board at any hearing
or appeal conducted by such board for the purpose of
ascertaining the facts, and further providing that
failure to obey such subpoena shall be punishable as for
contempt of said municipal court. (C. 18696, § 9, Sp.
Acts 1937 ; C. 27735, § 8 , Sp. Acts 1951 ; H.R. Election
11-18-69 ; H.R. Election 11-7-72 . )
Sec. 89. Status of officers and employees holding
positions when this Act takes effect.
Any person holding an office or position in the
classified service of the city when this Act takes effect
who shall have served in such position for a period of at
least six months immediately preceding, shall be retained
without preliminary or working tests and shall thereafter
be subject in all respects to the provisions of this Act.
Other persons in the city service at the time this Act
takes effect shall be regarded as holding their positions
under probationary appointments; provided, however, that
after the effective date of this Act, if and when the
City of Miami Beach shall, by appropriate action of its
city council City Commission, acquire or assume as a
municipal function the operation, administration or
management of any then existing private or quasi public
business or activity, by the terms of which acquisition
or assumption the employees or personnel of such then
existing business or activity become employees or
personnel of the City of Miami Beach, such employees or
16
personnel shall be deemed to have received probationary
appointments, effective as of the date such municipal
operation begins, to the classifications which embrace
their respective positions. (C. 18696, § 10, Sp. Acts
1937 ; C. 26028, § 1, Sp. Acts 1949 ; H.R. Election 11-18-
69 . )
Sec. 90. Certification of payrolls.
No public disbursing officer shall pay any salary,
wages or other compensation for personal services to any
persons holding positions in the classified service of
the city unless the payroll or account shall bear the
certificate of the director of personnel Director of
Human Resources or his deputy appointed by the city
council City Commission that such persons were appointed
or employed and were performing service in accordance
with the provisions of this Act and the rules and
regulations established thereunder. (C. 18696, § 11, Sp.
Acts 1937 . )
Sec. 91. Oaths.
For the purpose of the administration of the
personnel provisions of this Act, any member of the
personnel board shall have the power to administer oaths.
(C. 18696, § 12 , Sp. Acts 1937 . )
Sec. 92 . Information and access to premises and records.
Every officer or employee in the service of the city
shall furnish the director of personnel Director of Human
Resources any information required by him in the
administration of the personnel provisions of this Act
and the rules and regulations made thereunder and shall
allow members of the personnel board and members of the
staff of the personnel department Human Resources
Department reasonable access to premises, buildings and
records under his charge and direction. (C. 18696, § 13 ,
Sp. Acts 1937 . )
Sec. 93. Positions abolished, discontinued or vacated.
17
An employee in a position in the classified service
that is to be abolished, discontinued or vacated because
of change in departmental organization or through
stoppage or lack of work shall be laid off and his name
placed, in the order provided in the rules of the
personnel board, on the eligible list for the class of
the position from which he was laid off. (C. 18696, §
14, Sp. Acts 1937 . )
Sec. 94. Prohibitions.
No person in the classified service of the city or
seeking admission thereto shall be appointed, promoted,
reduced, removed, or in any way favored or discriminated
against because of his political or religious opinions or
affiliations. No person shall wilfully or corruptly make
any false statement, certificate, mark, rating or report
in regard to any test, certification, or appointment held
or made under the personnel provisions of this Act or in
any manner commit or attempt to commit any fraud
preventing the impartial execution of such personnel
provisions or of the rules and regulations made
thereunder. No officer or employee in the classified
service of the city shall continue in such position after
becoming a candidate for nomination or election to any
public office. No person seeking appointment to or
promotion in the classified service of the city shall
either directly or indirectly give, render, or pay any
money, service or other valuable thing to any person for
or on account of or in connection with his test,
appointment, proposed appointment, promotion or proposed
promotion. No person shall orally, by letter or
otherwise solicit or be in any manner concerned in
soliciting any assessment, subscription or contribution
for any political party or political purpose whatever
from any person holding a position in the classified
service of the city. In other than City of Miami Beach
18
w
municipal elections and Metropolitan Dade County
elections, persons holding a position in the classified
service of the city may take part in the management,
affairs, or political campaign of any political party or
person further than in the exercise of his right as a
citizen to express his opinion and to cast his vote.
Any person who himself or with others wilfully or
corruptly violates any of the provisions of this section
shall be guilty of a misdemeanor and shall upon
conviction thereof be punished by a fine of not less than
five dollars nor more than five hundred dollars, or by
imprisonment for a term not exceeding three months, or by
both such fine and imprisonment. Any person who is
convicted under this section shall for a period of five
years be ineligible for appointment to or employment in
a position in the city service, and shall, if he be an
officer or employee of the city, immediately forfeit the
office or position he holds. (C. 18696, § 15, Sp. Acts
1937 ; H.R. Election 11-18-69 . )
Sec. 95. Election on acceptance of Act.
This Act shall not become effective until a majority
of the qualified voters of the City of Miami Beach,
Florida, voting on the same at a special or general
election called for such purpose, shall vote in favor
thereof. Said election shall be held and conducted in
substantial conformity as to the manner of holding and
conducting other elections in said city, so far as the
same is applicable. The form of ballot to be used at
such election shall be fixed by the city council City
Commission of the City of Miami Beach, Florida, and the
caption of this Act shall be a sufficient statement on
said ballot of the purpose for which said ballot is cast.
(C. 18696, § 16, Sp. Acts 1937 . )
Sec. 96. Construction of Act; separability.
This Act shall be liberally construed and if any
19
clause or section herein shall for any reason be held
invalid, the same shall be eliminated and the remaining
portions herein shall be and remain in full force and
effect as if such invalid clause, provision or section
had not been incorporated herein. (C. 18696, § 17 , Sp.
Acts 1937. )
Sec. 97. Repeal of conflicting laws.
All laws and parts of laws in conflict herewith are
hereby repealed. (C. 18696, § 18 , Sp. Acts 1937. )
SECTION 2 . REPEALER
All Ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 4 . EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its
adoption, on October 2 , 1993 .
PASSED and ADOPTED this 22nd day of September n ,
1993 . /
I �/
MAYOR OPr
ATTEST:
7
�.
ICL „,,, �-- +.,,�_ APPROVED
CITY CLERK FORM
1st reading 9/8/93 LEGAL DEPT.
2nd reading 9/22/93 f
(a:resord2\artxiv.ord) ` •. / ! CLG% •
`7/ i•-3
Date �
20
s
OFFICE OF THE CITY ATTORNEY
67:4 iy:Annie wead
F L O R I D A
9 Pr�BfgCtn
�*IiMcoer Ttn*" P 0. BOX 0
LAURENCE FEINGOLD am �h
ciry ATTORNEY "94.
ACM26"� MIAMI BEACH,FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: -2-44, 1 -613
DATE: SEPTEMBER 8 , 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD
CITY ATTORNEY
SUBJECT: PROPOSED AMENDMENT TO ARTICLE XIV OF CITY' S RELATED LAWS
REGARDING PERSONNEL DEPARTMENT NAME CHANGE
At the request of the Administration, the attached
proposed Ordinance has been drafted for purposes of amending
Article XIV of the City' s Related Laws concerning "Civil Service
System" for the limited purposes of changing the name of the City' s
"Personnel Department" to "Human Resources Department" , and so as
to change all references of "City Council" to "City Commission" .
Pursuant to the Municipal Home Rule Powers Act (Chapter
166, Florida Statutes) , the state legislature has granted to
municipalities the exercise of powers for municipal governmental ,
corporation, or proprietary purposes not expressly otherwise
prohibited and to remove any limitations, judicially imposed or
otherwise, on the exercise of Home Rule Power other than those
expressly prohibited; this Act provides the legislative authority
for amending, without referendum, the City' s Related Laws to
accomplish the above-referenced changes.
JO/ks
(a:resord2\artxlv.cm)
AGENDA
, ITEM
DATE q-Qa -93
-33 CONVENTION CENTER DRIVE - FOuRTr, FLOOR - MIAMI BEACH FLORIDA 33139
fit
a
cD to •rl
ti0 S �
c0 ctf �+
cv ,,a a
1 co
c -d
3 a ri
+J •r4
O —I •�
Z a
• W
U .0 'b
U a
7 a +J
O H p=1 •,-I •
+J
a
•
H •
DC •
d0
O a)
7:1 U a
G rl +J
a +J J)
C C/]
fit