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:
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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"(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
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APPROVRD
Ma�7 1Ct
OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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