HomeMy WebLinkAbout2003-25315 Reso
RESOLUTION NO. 2003-25315
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4,2003, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER ARTICLE IX OF THE
CITY'S RELATED SPECIAL ACTS REGARDING THE CITY'S PENSION
FUND FOR CITY FIREFIGHTERS AND POLICE OFFICERS SHOULD BE
AMENDED TO ALLOW SUCH PENSION FUND MEMBERS TO
DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL SURVIVOR
BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR MEMBERS
WITH A MINIMUM TEN YEAR PAYMENT PERIOD AS THE NORMAL
FORM OF BENEFIT?
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter ofthe City of Miami Beach, Florida and the general
laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of
Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 4,2003, for the purpose of
submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Special Election hereby called, with Miami-Dade County's certification of the results of said Special
Election being accepted by the City Commission. The official returns for each precinct shall be
furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have
been tabulated and results duly accepted by said appropriate Miami-Dade County Officials.
SECTION 3.
Said voting precincts in the City of said Special Election shall be as established by the proper
and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and
the voting precincts in which the official registration books show that the said electors reside. A list of
the voting precincts and the polling places therein (subject to change by the Supervisor of Elect ions of
Miami-Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A.
1
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in accordance with the
general law of the State of Florida governing voter registration. Qualified persons may obtain
registration forms to vote at the Office ofthe City Clerk, City Hall, 1700 Convention Center Drive, First
Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration
centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade
County. Each person desiring to become a registered voter shall be responsible for properly filling out
the registration form and returning it to the Miami-Dade County Elections Office. All questions
concerning voter registration should be directed to the Miami-Dade County Elections Office, 111
Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O. Box 012241, Miami,
Florida 33101; Telephone: (305) 375-5553
SECTION 5.
Copies ofthe ballot question and proposed Related Special Acts text shall be made available at
the office of the City Clerk from 8:30 a.m. to 5:00 p.m. each day, Saturdays, Sundays, and holidays
excepted, no later than September 15,2003.
SECTION 6.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall
be made at least once each week for four consecutive weeks next preceding said Special Election.
SECTION 7.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GWEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 4TH DAY OF NOVEMBER, 2003, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
2
QUESTION:
AMENDING FIREFIGHTER/POLICE PENSION PLAN RE: DESIGNATION
OF BENEFICIARY AND NORMAL FORM OF BENEFIT
SHALL THE CITY'S RELATED SPECIAL ACTS, ARTICLE IX,
REGARDING THE CITY'S PENSION FUND FOR FIREFIGHTERS AND
POLICE OFFICERS, BE AMENDED TO ALLOW SUCH PENSION FUND
MEMBERS TO DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL
SURVIVOR BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR
MEMBERS WITH A MINIMUM TEN YEAR PAYMENT PERIOD AS THE
NORMAL FORM OF BENEFIT?
YES
NO
SECTION 8.
The official ballot to be used in the Special Election to be held on November 4, 2003, hereby called,
shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 4, 2003.
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 4TH DAY OF NOVEMBER, 2003, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING FIREFIGHTER/POLICE PENSION PLAN RE: DESIGNATION
OF BENEFICIARY AND NORMAL FORM OF BENEFIT
SHALL THE CITY'S RELATED SPECIAL ACTS, ARTICLE IX,
REGARDING THE CITY'S PENSION FUND FOR FIREFIGHTERS AND
POLICE OFFICERS, BE AMENDED TO ALLOW SUCH PENSION FUND
MEMBERS TO DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL
SURVIVOR BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR
3
MEMBERS WITH A MINIMUM TEN YEAR PAYMENT PERIOD AS THE
NORMAL FORM OF BENEFIT?
YES
NO
SECTION 9.
Absentee voters participating in said Special Election shall be entitled to cast their ballots in
accordance with the provisions of the laws ofthe State of Florida with respect to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election and
will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement
approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
If any section, sentence, clause or phrase ofthe proposed ballot measure 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 said ballot measure.
SECTION 12.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this ~ day of Se tember , 2003.
ATTEST:
~~r~
CITY CLERK
_:-l-'l.~1"""..'
JKO/ED
F:'atto\OLIJ\ELECTION\RESO\Pension Fund Fire and Police (2).doc
AfIPROVID AI TO
FORM a LANGUAGI
a FOR EXECUTION
~ Z-k~~
4
Proposed Amendment to City of Miami Beach Related Special Acts for November 4, 2003 Special
Election:
A. Proposed Ballot Question
AMENDING FIREFIGHTER/POLICE PENSION PLAN RE: DESIGNATION OF
BENEFICIARY AND NORMAL FORM OF BENEFIT
SHALL THE CITY'S RELATED SPECIAL ACTS, ARTICLE IX, REGARDING
THE CITY'S PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS,
BE AMENDED TO ALLOW SUCH PENSION FUND MEMBERS TO
DESIGNATE A BENEFICIARY TO RECENE OPTIONAL SURVNOR
BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR MEMBERS WITH
A MINIMUM TEN YEAR PAYMENT PERIOD AS THE NORMAL FORM OF
BENEFIT?
YES
NO
B. Proposed Text
* * *
[Available in City Clerk's Office by September 15,2003.]
5
, .
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution calling for a Special Election on November 4, 2003 to submit to the voters a question asking
whether sections of Article IX of the Related Special Acts should be amended as it relates to the City's
Pension Fund for City Firefighters and Police for benefit enhancements and a Resolution repealing
Resolution No. 2003-25296.
Issue:
Should the City submit to referendum the question of amending the language in Article IX as it relates to
the City's Pension Fund for City Firefighters and Police Officers to enhance the benefits related to providing
a "ten-years certain and life" benefit and expanding the definition of those individuals who can be appointed
to be a beneficiary to receive optional survivor benefits? This question would replace the ballot question
approved by Resolution No. 2003-25296 on July 30,2003 that included language "contingent on approval
of the enhanced funding agreement by the Florida Division of Retirement". The Division has said that they
will not a rove that fundin a reement.
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the Resolution and authorize the Special
Election to be held on November 4, 2003 for the purpose of submitting this question to the electorate, and
repealing the resolution that included" contingent on approval of the enhanced funding agreement by the
Florida Division of Retirement".
iViSOry Board Recommendation:
Financial Information:
Finance Dept.
Source of
Funds:
D
City Clerk's Office Legislative Tracking:
I
Assistant City
f/..'lCI,
AGENDA ITEM t. 7c2.
DATE 9 -1 ~C.l3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.o.miami-beach.f1.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: September 4, 2003
Members of the City Commission
Jorge M. Gonzalez J /'~.
City Manager . ~U
A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 4,2003, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER ARTICLE IX OF THE CITY'S RELATED
SPECIAL ACTS REGARDING THE CITY'S PENSION FUND FOR CITY
FIREFIGHTERS AND POLICE OFFICERS SHOULD BE AMENDED,
CONTINGENT ON APPRO'! AL OF THE ENHANCED FUNDING
AGREEMENT BY THE FLORIDA. DIVISION OF RETIREMENT, TOALLOW
SUCH PENSION FUND MEMBERS TO DESIGNATE A BENEFICIARY TO
RECEIVE OPTIONAL SURVIVOR BENEFITS, AND TO PROVIDE A
LIFETIME BENEFIT FOR MEMBERS WITH A MINIMUM TEN YEAR
PAYMENT PERIOD AS THE NORMAL FORM OF BENEFIT?
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2003-25296,
CALLING FOR NOVEMBER 4, 2003 SPECIAL ELECTION FOR PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH
A QUESTION AMENDING CITY OF MIAMI BEACH PENSION FUND FOR
FIREFIGHTERS AND POLICE OFFICERS REGARDING DESIGNATION OF
BENEFICIARY AND NORMAL FORM OF BENEFIT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolutions.
ANALYSIS:
As a result of the Florida Division of Retirements intent to reject the June 30, 2003
Enhanced Funding Agreement by and between the City, the City Pension Fund for
Firefighters and Police Officers, the Firefighters Relief and Pension Fund (175), the Police
Officers' Relief and Pension Fund (185), the Fraternal Order of Police (FOP) and the
International Association of Firefighters (IAFF) approved by the City Commission on July 2,
2003, the City is repealing the ballot question that was approved at the July 30, 2003
Commission meeting. This question included the language "contingent on approval of the
Enhanced Benefit Funding Agreement". The City would like to re-state the ballot question,
without the aforementioned language.
In addition, the Trustees for the City's Pension Fund for City Firefighter's and Police
Officer's, the Trustees for the Firemen's Relief and Pension Fund, the Trustees for the
Policemen's Relief and Pension Fund, the Fraternal Order of Police, and the International
Association of Firefighters have requested that the Enhanced Funding Agreement
approved by the City Commission at the July 2, 2003 meeting be voided. The Firemen's
Relief and Pension Fund and the Policemen's Relief and Pension Fund have submitted
subsequent funding letters (Attachments A & B).
Language to amend Article IX of the City Charter (Pension System for Disability and
Retirement of Members of the Police and Fire Departments), providing for members to
designate a beneficiary to receive optional survivor benefits and to provide a lifetime
benefit for members with a minimum ten year payment period as the normal form of
benefit, shall be submitted to referendum on November 4, 2003 and shall take effect upon
approval of the electorate and Ordinance of the City Commission.
The City feels that this revision is part of the collective bargaining agreement and that a
referendum is not required by Law. However, the Pension Board attorney has requested a
referendum to determine the will of the voters.
CONCLUSION:
The Administration recommends that the City Commission repeal the Resolution approving
the initial ballot question that included the language "contingent on approval of the
Enhanced Benefit Funding Agreement by the Florida Division of Retirement, adopt a new
Resolution to issue the ballot question to approve the stated amendment to Article IX of the
City's Related Special Acts and authorize a special election to be held in the City of Miami
Beach, Florida on November 4, 2003, for the purpose of submitting this question to the
electorate.
JMG:MDB:TCA:pah
F:'l-iUMA\$alllC:(>>N.MEM\Ballot reso REVISED 94{)3.FIre & Police PensIonEnhanced Benefts Memo.doc
MIAMI BEACH FIREMEN'S RELIEF
AND PENSION FUND
2300 PINE TREE DRIVE
MIAMI BEACH, FLORIDA 33140
August 18, 2003
Jorge M. Gonzalez, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Miami Beach Firemen's
Relief and Pension Fund
Dear Mr. Gonzalez:
This letter will confirm our understanding concerning the proposed amendment to the City's Pension
Fund for City Firefighters and Police Officers. Said amendment would allow pension fund members
to designate a beneficiary to receive optional survivor benefits and to provide a lifetime benefit for
members with a minimum ten year payment period as the normal form of benefit.
As required by law, the cost of said amendments will be paid for by us to the extent that additional
premium tax revenues are available therefor, but in no event more than the cost of said amendments.
This procedure will be followed on an annual basis, and no monies will be paid to participants until
such time as the foregoing payments are first made.
Very truly yours,
BOARD OF TRUSTEES OF THE
MIAMI BEACH FIREMEN'S RELIEF
~~
Lee Amato, Chairman
Attachment A
/'
-:
MIAMI BEACH POLICEMEN'S RELIEF
AND PENSION FUND
999 11TH STREET
MIAMI BEACH, FLORIDA 33139
August 18,2003
o
c.w
Jorge M. Gonzalez, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
~
(,-)
l",-'
Ui
""'D
::L~
Re: Miami Beach Policemen's
Relief and Pension Fund
N
co
Dear Mr. Gonzalez:
This letter will confirm our understanding concerning the proposed amendment to the City's Pension
Fund for City Firefighters and Police Officers. Said amendment would allow pension fund members
to designate a beneficiary to receive optional survivor benefits and to provide a lifetime benefit for
members with a minimum ten year payment period as the normal form of benefit.
As required by law, the cost of said amendments will be paid for by us to the extent that additional
premium tax revenues are available therefor, but in no event more than the cost of said amendments.
This procedure will be followed on an annual basis, and no monies will be paid to participants until
such time as the foregoing payments are first made.
Very truly yours,
(0';
BOARD OF TRUSTEES OF THE
MIAMI BEACH POLICEMEN'S RELIEF
AND PE SION FUND .
r
f
I
t
.
Robert J
. /~\
','
""J
\.,...=>'
C'~~
L-:':~")
\,:-\
Attachment B