2001-3339 ORDORDINANCE NO. 2001-3339
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 62, ARTICLE IIl, ENTITLED "DOMESTIC
PARTNERSHIP', SECTION 62-128 THEREOF ENTITLED "EMPLOYEE
BENEFITS" TO PROVIDE HEALTH INSURANCE BENEFITS TO CITY OF
MIAMI BEACH EMPLOYEES' FOR THEIR DOMESTIC PARTNERS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, On November 6, 2001, the voters of Miami Beach approved the following
ballot question on the City of Miami Beach November 6, 2001, Special Election ballot:
Shall City's Special Related Acts Section 27 regarding City's health plan for city officers and
employees be amended to include dependent coverage for "domestic parmers" (in addition to
existing coverage of spouse and minor children) of City officers and employees; defining "domestic
partnership" as a committed relationship between two persons who consider themselves as a member
of each other's immediate family and have registered their partnership with the City pursuant to
procedures established by ordinance?
WHEREAS, this legislation is now necessary in order to incorporate the approved measure
in the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 62, Article HI, entitled '9omestic Partnership",
Section 62-128, thereof entitled "Employee Benefits", is hereby amended to read as follows:
Sec. 62-128. Employment Benefits.
(a) Employees shall be granted bereavement leave with pay for the death of a domestic
partner or family member of a domestic permet as set forth in the union contracts governing City
employees, ordinance number 1335 and 1613 and the City's administrative policies. As to
employees governed by union contracts, this benefit is contingent upon approval of the benefit by
the unions to the extent such approval is necessary.
(b) Employees shall be granted sick leave, family medical leave, or leave without pay to
care for a domestic partner as set forth in Ordinance Nos. 1335 and 1613 and the City's Family
Medical Leave Policy.
(e) Employees' Domestic Parmen shall be 'allowed to be members of the City Health
Plan as set forth in the union contracts hoveruing City Employees, Ordinances and the City's
Administrative Policies. As to employees ~ovemed by union contracts. this benefit is contin~,ent
upon approval of the benefit by the unions to the extent such approval is necessary.
SECTION 5. SEVERABILITY.
ff any section, subsection, clause, or pwvision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 7. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered to accomplish such intention, and the
word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall be effective i)becembeT 29, 2001.
ATTEST:
PASSED AND ADOFrED this l:~ti~day O?~eeeiber ,2001.
~//~MAYOR
CITY C!-~-RK
2
&DPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
NO ICE OF PUBLIC HEARINGS
at11:10 a.m.:
AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE Ill THEREOF ENTITLED 'AGENCIES, BOARDS, AND COMMITTEES"; BY AMENDING DIVISION 16 ENTITLED 'COMMUNITY
RELATIONS BOARD"; BY AMENDING SECTION 2-190.14 ENTITLED "COMPOSITION' BY AMENDING THE MEMBERSHIP OF THE
BOARD TO INCLUDE FOUR ADDITIONAL VOTING MEMBERS; PROVIDING FOR REPEALER CODIFICATION SEVERABILITY, AND
AN EFFECTIVE DATE. R5A AN ORDINANCE AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEES' LEAVE
~R~~NANCE~BYAMEND~NGTHEPR~VIS~~NSF~RACCUMULAT~~NANDPAYMENT~FANNUALANDS~CKLEAVEC~NT~NGENT
UPON COLLECTIVE BARGAINING AND APPROVAL BY THE BARGAINING UNITS PRIOR TO IMPLEMENTATION FOR EMPLOYEES
~NCLASS~F~CATI~NSG~VERNEDBYUN~~NC~NTRACTST~THEEXTENTSUCHAPPR~VAL~SNECESSARY;PR~VI~~NGF~RA
REPEALER, SEVERABILITY, CODiFICATiON AND AN EFFECTIVE DATE.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.,
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE SPECIAL RELATED ACTS, ARTICLE IX, ENTITLED 'CITY PENSION FUND
FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MIAMI BEACH', SECTION 62 THEREOF ENTITLED 'CEFINITIONS' TO
PROVIDE A DEFINITION OF "DOMESTIC pAF(TNER', AMENDING SECTION 65 THEREOF ENTITLED 'COMPUTATION OF CREDITABLE
SERVICE BY CREATING A SUBSECTION (D) FOR PURCHASE OF ADDITIONAL CREDITABLE SERVICE FOR PREVIOUS LA'V~j}
ENFORCEMENT EXPERIENCE, AMENDING SECTION 66 THEREOF ENTITLED ~PENSION SYSTEM FOR DISABILITY AND
RETIREMENT OF MEMBERS OF POLICE ANd FiRE DEPARTMENTS" BY CREATING A SUBSECTION (J) FOR PURCHASE OF UP TO
AN ADDITIONAL SIX PERCENT (6%) BENEFIT MULTIPLIER, AMENDING SECTIONS 68, 69, 70 (A), AND 85 THEREOF TO DESIGNATE
DOMESTIC PARTNERS AS POTENTIAL RECIPIENTS OF SURVIVOR BENEFITS UNDER THE PENSION PLAN; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; CODIFICATION; PROVIDING AN EFFECTIVE DATE,
at 11:30 a,m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 78, ARTICLE II THEREOF, ENTITLED "EMPLOYEES' BENEFIT
PLAN", SECTION 78-31 THEREOF ENTITLED 'DEFINITIONS" BY DEFINING 'DOMESTIC PARTNER'. AMENDING SECTION 78-34
ENTITLED 'AGREEMENTS OF MEMBERS" TO PERMIT DOMESTIC PARTNERS AND THEIR CHILDREN TO OBTAIN HEALTH
BENEFITS, AMENDING SECTIONS 78-81 ENTITLED "GROUP HEALTH INSURANCE', SUBSECTION (E) AND 78-82 ENTITLED
"HEALTH MAINTENANCE ORGANIZATIONS (HMO)" SUBSECTION (E) TO INCLUDE DOMESi'IC PARTNERS FOR INCLUSION
WITHIN THESE SECTIONS; PROVIDING FOR A REPEALERa SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
at11:35 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 62, ARTICLE til, ENTITLED 'DOMESTIC PARTNERSHIP",
SECTION 62-128 THEREOF ENTITLED 'EMPLOYEE BENEFITS" TO PROVIDE HEALTH INSURANCE BENEFITS TO CITY OF MIAMI
BEACH EMPLOYEES' FOR THEIR DOMESTIC PARTNERS; PROVIDING FOR REPEALERa SEVERABILITY; CODIFiCATiON; AND AN
EFFECTIVE DATE.
at 11:40 a.m.:
AN ORDINANCE AMENDING MiAMI BEACH CITY CODE CHAPTER 2 'ADMINISTRATION', DIVISION 2THEREOF BY CREAT]NG
SECTION 2-460 ENTITLED 'CONTINUING APPLICATION FOR TWO YEARS AFTER CITY SERVICE'; PROVIDING FOR REpEALER,
SEVERABILITy, CODIFICATION, AND EFFECTIVE DATE.
inquiries may be directed to H~man Resources at (305) 673-7524.
at 3:10 p.m.:
AN ORDINANCE AMENDING CHAPTER 14 OF THE MIAMI BEACH CITY ~ODE BY AMENDING DIVISION 2 THEREOF ENTITLED
'PERMIT FEES'. BY AMENDING SECTION 14~65 THEREOF ENTITLED 'MECHANICAL PERMITS'. BY AMENDING APPENDIX A TO
SECTION 14-65 ENTITLED 'FEE SCHEDULE" TO PROVIDE FOR FEES FOR THE WITNESSING OF PERIODIC iNSPECTIONS AND
ACCEPTANCE TESTS BY AN ELEVATOR iNSPECTOR EMPLOYED BY THE CITY OF MIAMI BEACH ONCE EVERY YEAR AND ONCF~
EVERY 5 YEARS; PROViDiNG FOR REPEALER, SEVERABILIT't~, CODIFICATION, AND AN EFFECTIVE DATE.
at 3:20 p.m.:
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION", BY
AMENDING ARTICLE VI THEREOF ENTITLED 'PRQCUREMENT", BY AMENDING DIVISION 3 ENTITLED 'CONTRACT
PROCEDURES", BY AMENDING SECTION 2-369; SAiD AMENDMENT ALLOWING THE CITY MANAGER AUTHORITY TO APPROVE
PURCHASES OF GOODS AND SERVICES UNDER CONTRACTS AWARDED BY OTHER MUNICIPALITIES IN THE STATe;
PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Procurement Department at {305) 673-7490.
Pursuant to Section 286.0105. Fla. Star., the City hereby advises the pubiic that: if a person decides to apbeaJ any decision made by the
City Commission with respect to any matter considered at its meetin9 or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is t~3 be basel. This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disebilities Act of 3990, persons needing Special accommedatioe to participate in this prseeeding
should contact the City Clerk's office no later than four days prior to the prnceeding, telephone (305} 673.7411 for essisfInce; if hooting'-
impaired. telephone the Florida Relay Service numbera, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance.
................. AD #0068
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condense TItle:
IAn Ordinance to provide health insurance benefits to Domestic Partners of City Employees.
luue:
iShall the City of Miami Beach add Domestic Partners to the City Health Plan?
Item Summary/Recornmendatlon:
Adopt the Ordinance on the second and final reading. The voters of the City of Miami Beach passed a
referendum to provide Health Insurance benefits to Domestic Partners of City Employees. This
Commission Memorandum will add specific language to the Miami Beach City Code, which will allow
Domestic Partners to be added to the Citys Health Plan.
Advisory Board Recommendation:
N/A
FInancial Information:
Amount to be exbended:
Funds:
Finance Dept.
DAT la'tq'Ol
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMi BEACH, FLORIDA 33139
http:\~ci .miami-beach,fl .us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David ~ and
Memb~s of the City Commission
DATE: December 19, 2001
Jorge M. Gonzale~3//~
City Manager SECOND READING- PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAFFER 62, ARTICLE III, ENTITLED "DOMESTIC
PARTNERSHIP", SECTION 62-128 THEREOF ENTITLED "EMPLOYEE
BENEFITS" TO PROVIDE HEALTH INSURANCE BENEFITS TO CITY OF
MIAMI BEACH EMPLOYEES' FOR THEIR DOMESTIC PARTNERS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance on the second and final reading.
ANALYSIS:
The tirst reading of the Ordinance took place on November 28, 2001.
It has been determined that it is in the City' s best interest to provide a health plan which is fair and
consistent for all City employees. On November 6, 2001, the voters of Miami Beach passed a
referendum to extend group health insurance benefits to the domestic partners of City employees.
The Domestic Partner Ordinance currently provides employees with Bereavement Leave under
Section 3 (a) and Sick Leave, Family Medical Leave and Leave Without Pay under Section 3 (b) the
revision in the new Section (c) of the employees benefit section extends health insurance coverage
to domestic partners of Miami Beach City Employees.
The specific language of the new Section 3 (c) is as follows:
(c) Employees' Domestic Partners shall be allowed to be members of the City Health
Ran as set forth in the union contracts governing City Employees. Ordinances and
the City' s Administrative Policies. As to employees govemed by union contracts.
this benefit is contingent unon approval of the benefit by the unions to the extent
such approval is necessary.
Commission Memorandum
DECEMBER 19, 2001 COMMLSSION ]~[EETING
Page 2
In addition, them is a Companion Ordinance on this agenda that mends the City's Health Plan to
add health insurance as one of the benefits for employees' domestic partners.
CONCLUSION
It is in the City's best interest to implement the Ordinance by amending the Employees' Benefit Plan
to allow domestic partners to receive group health insurance benefits in order to provide a benefits
plan which is fair and consistent for all employees.