R7S-Call Nov 4 Spec Elect - Pre-Collective Bargaining Fringe Benefits Analysiary MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY COMM!SSION
MEMORANDUM
TO:MAYOR PHILIP LEVINE
MEMBERS OF THE CITY GOMMISSION
CITY MANAGER JIMMY MORALES
FRoM: RAUL raGUtLR*\ $6,,F--
CITY ATTORNEY
DATE: JULY 23,2014
suBJEcr: RESOLUTION GALLING NOVEMBER 4, 2014 sPEctAL ELEGTIoN:
AMENDMENT TO GITY CHARTER ARTIGLE V..GITY GOMMISSION'S PRE.
COLLECTIVE BARGAINING ANALYSIS OF FRINGE BENEFITS.
Pursuant to the request of City Commissioner Deede Weithorn, the attached Resolution has
been prepared calling for a City of Miami Beach Special Election to be held on November 4,
2014 for the purpose of submitting to the City's voters the following ballot question:
Shall Chafter Afticle V governing "Budget and Finance" be amended to require that within
the 6 months preceding the City Commissionb ratification of Coltective Bargaining
Agreements with the respective labor unions, the Commr.ssron shall consider at public
hearing a written report presented by Ctty Manager or his designee/City Budget Director,
detailing current sfafus and related fiscal impact of fringe benefits, including pension and
health insurance plans, provided by Crty to its officers and employees?
This Charter amendment will require that within the 6 month period prior to the City
Commission's ratification of the City's Collective Bargaining Agreements with the respective
Iabor unions, the City Commission must consider the current status and related fiscal impact
of fringe benefits, including pension and health insurance plans, provided to City officers and
employees. Commissioner Weithorn has proposed this measure in order to ensure the
Commission's fiscal analysis of City fringe benefits during the collective bargaining process.
Pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 4,2014
ballot is August 5,2014. Accordingly, this matter is timely presented to the City Commission
and adoption of the attached Resolution may take ptace at today's meeting.
Agenda ltem
oate -7-13111016
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY GOMMISSION OF THE CITY OF MIAMI
BEAGH, FLORIDA CALLING FOR A NOVEMBER 4, 2014 SPEGIAL ELECTION, FOR
THE PURPOSE OF SUBMITTING TO THE ELEGTORATE OF THE CITY OF MIAM!
BEACH, FLORIDA A QUESTION ASKING WHETHER CITY GHARTER ARTICLE V
SHOULD BE AMENDED TO REQUIRE THAT WITHIN THE 6 MONTHS PRECEDING
THE GITY COMMISSION'S RATIFIGATION OF THE CITY'S COLLECTIVE
BARGAINING AGREEMENTS WITH THE RESPECTIVE LABOR UNIONS THE GITY
COMMISSION SHALL CONSIDER AT PUBLIG HEARING A WRITTEN REPORT
PRESENTED BY THE CITY MANAGER OR HIS DESIGNEE/BUDGET DIRECTOR
DETAILING THE CURRENT STATUS AND RELATED FISCAL IMPACT OF FRINGE
BENEFITS, INGLUDING PENSION AND HEALTH INSURANCE PLANS, PROVIDED TO
GITY OFFICERS AND EMPLOYEES.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SEGTION 1.
ln accordance with provisions of the Charter of the 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 4,2014, 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 acceptance of the certification of the results of
said Special Election to be performed 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.
SECTION 3.
That the 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 as determined by the
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Miami-Dade County Election Officials as set forth in the attached Exhibit "A".
SEGTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald, a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SEGTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
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:OO A.M. UNTIL 7:OO P.M. ON THE 4TH DAY OF NOVEMBER, 2014, Nf
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
City Charter Article V:
City Commission's Pre-Collective Barqaininq Analvsis of Frinqe Benefits
Shall Charter Article V governing "Budget and Finance" be amended to require that within
the 6 months preceding the City Commission's ratification of Collective Bargaining
Agreements with the respective labor unions, the Commission shall consider at public
hearing a written report presented by City Manager or his designee/City Budget Director,
detailing current status and related fiscal impact of fringe benefits, including pension and
health insurance plans, provided by City to its officers and employees?
Yes
No
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent
information regarding eligibility of electors to participate in said elections.
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SECTION 6.
That the official ballot to be used in the Special Election to be held on November 4,
2014, hereby called, shall be in substantially the following form, to-wit:
.,OFFICtAL BALLOT"
Citv Charter Article V:
Citv Commission's Pre-Collective Barqaininq Analysis of Frinqe Benefits
Shall Charter Article V governing "Budget and Finance" be amended to require that within
the 6 months preceding the City Commission's ratification of Collective Bargaining
Agreements with the respective labor unions, the Commission shall consider at public
hearing a written report presented by City Manager or his designee/City Budget Director,
detailing current status and related fiscal impact of fringe benefits, including pension and
health insurance plans, provided by City to its officers and employees?
Yes
No
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall
be in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
SECTION 8.
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 of the 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. The Miami-
Dade County Supervisor of Elections will register voters for this Special Election until 5:00
p.m. on _, 2014. All persons eligible to vote at this Special Election must be
registered before the time and date set forth herein or have registered previously, as
provided by law. Each person desiring to become a registered voter shall be responsible
1019
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, 27OO N.W. 87th Avenue, Doral, Florida 33172;
Telephone: (305) 499-VOTE (8683).
sEcTtoN 9.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the Laws of the 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.
lf any section, sentence, clause or phrase of the 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.
SEGTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
day of ,2014.
PHILIP LEVINE
MAYOR
APPROVED AS TO
FORM & IANGUAGE
& FOR E)(ECUTION
&-q-0r,\-
City Attomey
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(Requested by Commissioner Deede Weithorn)
CITY OF MIAMI BEAGH CHARTER ARTIGLE V:
PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT
NOVEMBER 4, 2014 SPEGIAL ELECTION.
I. PROPOSED BALLOT QUESTION:
City Charter Article V:
Citv Com m ission's Pre-Col lective Barqain i ng Analvsis of Frinoe Benefits
Shall Charter Article V governing "Budget and Finance" be amended to require that within
the 6 months preceding the City Commission's ratification of Collective Bargaining
Agreements with the respective labor unions, the Commission shall consider at public
hearing a written report presented by City Manager or his designee/City Budget Director,
detailing current status and related fiscal impact of fringe benefits, including pension and
health insurance plans, provided by City to its officers and employees?
Yes
No
II. PROPOSED AMENDED GITY CHARTER TEXT:
ARTICLE V. 'BUDGET, AND FINANCE AND PRE-COLLECTIVE BARGAINING
ANALYSIS."
Sec. 5.04. Pre-Collective Baroainino Analysis of Frinoe Benefits.
Within the 6 month period prior to the Citv Commission's ratification of Collective
Barqaininq Aoreements with the respective labor unions. the Citv Commission shall
consider at a duly noticed public hearinq a written report presented bv the City Manaqer or
his designee/Citv Budqet Director. detailinq the current status and related fiscal impact of
frinoe benefits. includinq pension and health insurance plans. provided by the Citv to its
officers and emplovees.
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